Did you know that there are more than 100 million cases filed every single year in state trial courts? If you are debating if you have a case on your hands or not due to negligence, you are in the right place. We have put together this short guide to clear up what is breach of duty along with specific examples of breach of duty.
Read on to learn more.
What Is Breach of Duty?
This is when a duty of care exists and the duty of care was not followed. When it comes to negligence cases, breach of duty is a very important component.
An example of this is when you have a duty of care to other drivers to drive under the speed limit and you breach the duty of care by driving over the speed limit yourself.
It is basically a legal obligation that one person owes to another person to exercise caution when doing something that can harm them. If this is breached then the result is negligence.
Examples of Breach of Duty
If a hotel has a bed bug problem and they fail to take care of it, then the owner can be held accountable for breaching the duty of care. Another example, is a store owner that is aware of a leaky pipe in their bathroom, but they choose to not repair it and it causes slippery floors where someone slips and falls.
If a property owner is aware that they have exposed wiring in their home or broken steps that they choose to not fix or at a minimum warn renters of the danger until it’s fixed, this is also considered breach of duty.
Owners of trucks that hire drivers have a duty to keep up with their trucks. If someone is in an accident due to lack of maintenance then hiring a truck accident lawyer might be wise to see if there is a breach of duty case in this situation.
Negligence Case
When filing a negligence claim, there are a few things that you will have to prove. You need to prove that the defendant owed you a certain duty. You also have to prove that the defendant caused you harm because they breached their duty.
The last factor that you will have to prove is that you suffered damages due to this breach. If you can prove that the defendant acted carelessly and caused you injury, then you have a good chance of winning the case.
Feeling Like a Breach of Duty Pro?
Now that we answered the question: “what is breach of duty? you should be feeling better informed. Now you can make an informed decision on whether you might want to consult with an attorney to see if you can recover damages for a breach of duty.
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