Understanding “Duty of Care”
Before we can understand what a breach is, it’s important to know what “duty of care” means in a legal context. Simply put, a duty of care is a legal obligation to act in a reasonably careful way to avoid harming others. Different people have different types of duties depending on their relationship to others or the situation at hand.
Some common examples include:
- Drivers have a duty to follow traffic laws and operate their vehicles attentively.
- Property owners have a duty to keep their premises reasonably safe for visitors.
- Doctors and nurses have a duty to provide care that meets accepted medical standards.
- Employers have a duty to maintain safe workplaces and properly train their employees.
What Constitutes a Breach of Duty?
A breach of duty occurs when a person fails to meet their legal obligation, either by doing something reckless or careless or by failing to act when a reasonable person would have.
In legal terms, it’s judged based on what a "reasonably prudent person" would have done in similar circumstances. The court or jury will consider questions like:
- Was the defendant’s behavior careless or unsafe?
- Did they ignore obvious risks?
- Would a reasonable person in the same situation have acted differently?
Examples of Breaches of Duty
- A truck driver is speeding during heavy rain and hydroplanes into another car.
- A grocery store employee fails to clean up a spill, causing a shopper to slip and fall.
- A construction company fails to ensure its scaffolding is secure before it collapses and injures a worker.
- A nursing home staff member fails to reposition a bedridden patient, leading to preventable bedsores.
In each of these situations, the person or entity did not act with the care a reasonable person would have exercised, which is the legal definition of a breach.
How Is Breach Proven in Court?
Proving a breach of duty requires showing both the standard of care that applied and how the defendant failed to meet it. Depending on the type of case, this might involve:
- Eyewitness testimony
- Surveillance footage
- Company policies or logs
- Expert witnesses who can testify about industry standards
- Photos, inspection reports, or maintenance records
For example, in a medical malpractice case, it’s not enough to show that something went wrong; you must prove the doctor deviated from accepted medical practices.
Breach of Duty vs. Simple Accidents
Not every injury involves a legal breach of duty. Sometimes accidents happen even when everyone does their best. To prove negligence, you need to show that the defendant didn’t act reasonably, meaning that they did something—or failed to do something—that increased the risk of harm.
This is often where defendants and insurance companies draw the line. They may admit something happened but deny that their actions were careless. That’s why having an experienced legal team who can help prove that the defendant breached the duty of care and that this was the cause of your injuries is vital.
How Shared Fault Can Affect Your Case
While the general concept of breach is similar across the U.S., the laws that determine how fault is shared vary from state to state. Here's how it works in Texas, Louisiana, and New Mexico:
- Texas uses modified comparative fault: If a plaintiff is more than 50% at fault, they can't recover damages.
- Louisiana and New Mexico use pure comparative fault: Plaintiffs can still recover even if they are mostly at fault.
This makes it even more important to clearly establish the defendant’s breach of duty and minimize any attempts by the insurance company to shift blame onto the victim.
Dedicated to Proving Your Case & Recovering the Compensation You Are Owed
At Arnold & Itkin, we know how to build powerful cases that clearly prove the defendant breached their duty and caused your injuries. Whether you're up against a trucking company, oil and gas operator, hospital, or major manufacturer, we can work to uncover the facts, prove negligence, and fight for the compensation you deserve.
Our team works with top-tier investigators and expert witnesses to show exactly how the defendant failed—and how that failure changed your life. We’ve recovered billions for clients who were hurt because someone else cut corners, ignored safety rules, or simply didn’t care enough to protect others.
If you believe your injuries were caused by someone’s carelessness, contact our firm today for a free consultation. We’re here to answer your questions, explain your rights, and fight to hold the responsible party accountable.
