Several elements are critical to establish when putting together a personal injury claim. At the top of the list is breach of duty. To establish grounds for an injury claim, the injured party must show that the liable party committed a breach of the duty of care or failed to conduct themselves in a way that would prevent others from suffering serious injury.
Breach of Duty: Defined
Breach of duty occurs when one party fails to do something that they are legally responsible for or commits an act of negligence that could cause serious injury or harm to another party. It can mean deliberate failure on the part of the liable party to follow through with the terms of a legal agreement, as in a contract, or an act of negligence that could lead to serious harm to another.
In a personal injury claim, the injured party and their legal team will work to show that the liable party committed an act that a reasonable individual or entity would have avoided to prevent those injuries. Without a clear breach of duty, it can prove difficult to establish grounds for an injury claim.
Examples of Breach of Duty
There are numerous scenarios in which a breach of duty can take place:
Auto Accidents
Auto accidents frequently occur because the liable driver fails to conduct themselves in an acceptable way to prevent injury on the road. Common breaches of duty in auto accidents include:
- Driving while intoxicated
- Ignoring the rules of the road, such as speeding or failing to stop at red lights
- Aggressive driving
- Driving while distracted
- Road rage
- Failure to yield
Most states, including Louisiana, have clear laws against many of those dangerous behaviors. When a driver violates those laws, they put themselves and others who share the road with them in danger. This violates, or breaches, their duty of care to those drivers and opens them up to a civil claim when their negligent actions cause injuries.
Construction Accidents
Construction sites are filled with potential dangers. The construction company has a responsibility to maintain as safe a site as possible, from reducing the number of hazards to informing workers and visitors to the site about potential problems. Breaches of duty include:
- Failure to provide adequate safety gear
- Failure to inform about potential hazards on the site
- Leaving live electrical hazards in place
- Ignoring needed equipment maintenance
When a construction company fails to exercise safety precautions on the job site, it not only puts its workers in danger, it also increases the risk to anyone who visits the site.
Premises Liability Accidents
Both public and private property owners bear a duty to maintain a safe environment for anyone who visits the premises. Breach of duty may include:
- Failing to keep up with maintenance on the property
- Failure to warn visitors to the property about possible hazards
- Ignoring fire safety standards
- Inadequate property security
Property owners can face significant legal consequences when they fail to take precautions that protect the visitors to their property.
How Breach of Duty Impacts Injury Claims
A personal injury claim allows an injured party to pursue compensation for the damages sustained in a serious accident. These claims can provide substantial financial relief for victims who have suffered severe injuries due to the negligence of another party.
To file a personal injury claim, several elements must be in place. First, the victim must have suffered some sort of injury. The victim’s lawyer will typically lay out the damages injured by the victim to establish the grounds for their case. Next, the lawyer will work to show that the liable party committed an act of negligence, or a breach of duty. This is necessary because sometimes accidents occur due to no one’s fault: for example, a visitor to a store who suffers a fall at random, rather than due to the negligence of the store. Other accidents occur because of negligence or breach of duty on the part of the injured individual: a customer who wanders into a staff-only area of the store or who chooses to interact with dangerous equipment, for instance.
Damages Available in Breach of Duty Claims
Breach of duty claims may include two key types of damages.
Compensatory Damages
Compensatory damages are intended to compensate the injured party for the losses they sustained because of the liable party’s negligence, including non-financial losses. They may include:
- Medical bills
- Lost wages due to the inability to work after the incident
- Loss of future earning capacity
- Property damage
- Pain and suffering, including both physical and emotional distress
Keeping track of all expenses related to the injury can help victims lay out the compensation they expect from the liable party or its insurance company.
Punitive Damages
Unlike compensatory damages, punitive damages are intended to punish the liable party and prevent further breaches of duty. The court may assign punitive damages in cases of egregious actions.
How a Lawyer Can Help Establish Breach of Duty
Having a lawyer can make a big difference when an injured party files a claim. A lawyer can help with several key elements.
Citing Relevant Laws
Lawyers have a strong understanding of the law and how it impacts a personal injury claim. That includes premises liability, product liability, workplace injury, and auto accidents. Citing the relevant laws and showing how the liable party violated them can prove essential in showing how the liable party failed in their duty to the injured individual.
Investigating the Accident
A thorough investigation of the accident, including all conditions that led to it, makes it easier to establish what duty the liable party bore to the injured individual and how the liable party failed in its duty of care. A lawyer can assist by taking steps such as delving into past accidents and citations and showing the details of the liable party’s violation.
