Most personal injury cases are filed under the legal theory of negligence. Breach of duty is one of the legal elements required to prove a negligence claim. Only if you can prove this and the other elements can you recover compensation from a negligent party.
An experienced Charleston personal injury lawyer can evaluate your case and determine whether the facts support a breach of duty and the other elements of negligence.
What Is a Breach of Duty?
A breach of duty occurs when someone violates a legal duty of care. Legal duties may arise out of a special relationship between individuals, contract language, or responsibilities established by law. Absent a specific legal duty, all people are expected to act as a “reasonable, prudent person.”
A breach of duty can be an act, such as speeding, or an omission, such as failing to check an applicant’s background before hiring them.
The Role of Breach of Duty in Negligence Cases
Breach of duty is one of the four elements of a negligence case, which includes:
- Legal duty: The defendant had a legal duty to act in a certain way.
- Breach of duty: The defendant breached their duty of care by doing or failing to do something.
- Causation: The defendant’s breach caused the accident.
- Damages: The plaintiff suffered damages as a result of the breach of duty, such as medical bills and lost income. This is mainly what decides how much a personal injury case is worth.
The plaintiff in a personal injury case has the burden of proof. Your attorney must show the presence of all of the elements by a preponderance of the evidence, meaning that the facts are more likely than not as you allege.
Different Types of Legal Duties and Breaches
Legal duties and the type of breach associated are typically intertwined. Here are some examples of legal duties and when a defendant may breach them:
Car Accidents
South Carolina drivers must follow the rules of the road and drive in a safe manner to avoid car accidents. They can breach their duty by speeding, running red lights, drinking and driving, or violating other traffic rules.
Truck Accidents
Various parties can ultimately be held responsible for a truck accident based on violating their relevant legal duties, such as:
- Truck drivers who violate traffic rules.
- Trucking companies, for accidents caused by the negligence of their drivers, inexperienced drivers they hire due to negligent hiring practices, violations of federal and state trucking regulations, and failing to maintain their fleet of trucks.
- Cargo loading companies, when they fail to adhere to trucking regulations related to using the proper tie downs and securement methods when loading trucks.
- Truck or part manufacturers, which could be responsible for defects in the vehicles or their components.
These parties can breach their duty when they fail to act reasonably under the circumstances, such as by driving recklessly or failing to maintain the vehicle.
Bus Accidents
Bus companies are common carriers, so they have an elevated duty to transport their passengers safely. When they violate these obligations, they can be held liable for injuries sustained during accidents. This responsibility extends to ensuring the vehicle is maintained properly, the drivers are adequately trained, and the routes are safe.
Medical Malpractice
Medical malpractice occurs when a healthcare professional deviates from the accepted standard of care that another medical provider in the same specialty area would have provided under similar circumstances.
Premises Liability
Property owners must keep their premises in a safe condition so that visitors are not hurt. They can violate this duty by failing to warn visitors of known hazardous conditions, failing to repair unsafe conditions, or creating unsafe conditions.
Product Liability
Product manufacturers have a duty to make products that are safe for consumers to use for their intended purpose. They can be held liable when mistakes during the manufacturing process, unsafe designs, or insufficient warnings cause injuries to consumers.
Other duties arise in different cases. An experienced lawyer can review your situation, explain the applicable legal duty, and outline how to prove that a breach caused the accident.
What Evidence Is Used to Establish a Breach of Duty?
Various forms of evidence may help establish a breach of duty, such as:
- Accident reports
- Witness statements
- Property damage reports
- Physical evidence, like skid marks and the location of damage
- Medical records that show the injuries are consistent with the type of accident the plaintiff alleges
- Toxicology reports that show a driver was drinking or under the influence of drugs
- Business records
- Personnel records
- Cell phone records
- Maintenance records
- Event data recorders from black boxes on vehicles
- Reports from accident reconstruction experts
A skilled Charleston personal injury attorney can focus on gathering the evidence necessary to prove your case while you focus on your recovery.
Contact Ty Robinson Personal Injury & Car Accident Law Firm for a Free Case Review With Our Charleston Personal Injury Attorney
At Ty Robinson Personal Injury & Car Accident Law Firm, we are highly experienced at handling various types of personal injury cases. We can carefully investigate the accident that injured you, gather evidence of the applicable legal duty and breach of duty, and fight for the compensation you deserve.
Contact us online or call (843) 278-2222 to take advantage of a free consultation with our highly esteemed Charleston personal injury lawyer.