Breach of duty is the second legal element required to prove negligence. Negligence is among the most common grounds for personal injury claims in Indiana. To prevail in a personal injury or car accident claim based on negligence, you must prove all four elements in order to recover compensation from the party who caused your injuries. This article will look at the breach of duty element, what it is, and how to prove it.
What Is Duty of Care?
A duty may arise because of a law, custom, or moral concept. Generally, individuals are expected to use a reasonable level of care to avoid causing someone to be injured or harmed. For example, drivers have a duty of care to behave reasonably when driving and to follow traffic laws.
Another example of duty of care would be a doctor-patient relationship. Doctors have a duty to meet the medical standard of care for their patients. Additionally, property owners have a duty of care to maintain safe premises for their patrons.
What Is a Breach of Duty in an Indiana Personal Injury Case?
A breach of duty happens when a person fails to meet the required standard of care for a specific situation. They may fail to take reasonable care or engage in conduct that does not meet the required standard of care.
For example, if a driver runs a red light, the breach would be their failure to adhere to the traffic laws, which require them to stop and yield the right of way. Reasonable care would require the driver to stop at the red light.
Another example would be a restaurant owner ignoring a leak in the restroom that causes water to puddle on the floor, creating a slipping hazard for customers. Reasonable care would require the owner to warn customers and fix the leak as soon as possible.
Who Decides What Is Reasonable for a Breach of Duty?
If a personal injury case goes to trial, the jurors will determine whether there was reasonable care in the case. They base their decision on what a reasonably prudent person would have done in the same situation.
For example, a reasonable person would stop at a red light to yield the right of way to drivers with a green light. They would understand that running a red light could cause an accident that injures other people. Therefore, the defendant (i.e., at-fault party) breached their duty of care by running the red light.
However, a breach of duty alone does not make a defendant liable for damages. You must link the breach of duty to the cause of your injuries to hold a person liable for damages.
Linking a Breach of Duty to Causation for a Personal Injury Case
There are two requirements for causation in a personal injury case: proximate cause and direct cause. Direct cause is determined by the “but for” test—“but for” a driver running the red light, the accident would not have happened.
Proximate cause involves foreseeability. A defendant must have been able to reasonably foresee that their actions could cause harm to another person. For most, it is reasonable to presume that running a red light could cause an accident. However, jurors will also determine this element.
Recovering Damages in an Indiana Personal Injury Case
If jurors determine that the defendant owed the plaintiff a duty of care, breached the duty, and that breach caused the plaintiff’s injuries, they can hold the defendant liable for damages. Damages in a personal injury case can include economic and non-economic damages.
Examples of damages for a personal injury claim include:
- The cost of your medical treatment and rehabilitative therapy
- The loss of income from wages, employment benefits, and earning capacity
- Impairments, disabilities, scarring, and disfigurement
- Emotional distress and mental anguish
- Out-of-pocket expenses, including personal care and household services
- Pain and suffering damages
- Loss of quality of life and enjoyment of life
Evidence Used to Prove Breach of Duty in a Personal Injury Case
Victims must prove by a preponderance of the evidence that the defendant breached their duty of care.
Evidence may include, but is not limited to:
- Medical records
- Testimony from the parties in the case
- Videos and photographs of the accident as it occurred and the accident scene
- Statements from eyewitnesses
- Opinions from expert witnesses
A skilled attorney will understand the legal requirements and the evidence necessary to prove your case.
Schedule a Free Consultation With an Indiana Personal Injury Lawyer Today
Proving the elements of a personal injury claim can be challenging. When you hire Rob King & Associates, Trial Lawyers, we will investigate your case and gather evidence to prove it. Contact our office to schedule a free case evaluation at (317) 916-0000 with an experienced Indiana personal injury attorney.
