“Breach of duty” means to breach a legal duty of care. It is the second legal element of a negligence-based personal injury claim.
It sounds simple, but in some cases, you might need an expert witness to prove that the defendant breached their duty of care with respect to your injury.
The Four Elements of a Negligence Claim
Negligence means something like carelessness. Negligence claims are predominant in every area of personal injury law, from car accidents to slip and fall accidents to wrongful death.
The four elements required to prove negligence liability are:
- Duty of care: The duty to act reasonably to prevent yourself from injuring others. Everyone except some children and mentally handicapped people owe everyone else a duty of care.
- Breach of duty: Failure to meet the demands of your duty of care. This could mean doing something wrong (going the wrong way on a one-way street), or it could mean failing to do something you should have done (such as using your turn signal).
- Damages: Harm or loss that monetary damages can remedy. In a personal injury case based on negligence, that typically means physical injury. Once you prove physical injury, however, you can also seek damages for intangible harm, such as emotional distress.
- Causation: You must prove two types of causation: ‘but-for’ causation and foreseeability. ‘But-for’ cause means the accident would not have happened but for the defendant’s negligence. Foreseeability means that given the fact of the defendant’s negligence, a reasonable person would have foreseen your injuries.
You must prove breach of duty, like the other three elements of a negligence claim, by a ‘preponderance of the evidence.’ In other words, more likely than not or 51% likely.
Duty of Care in Its Various Forms
Duty of care and breach of duty are two closely related legal principles. You might even describe them as two sides to the same coin. Following are the types of duty of care that apply to various personal injury cases:
- The General Duty of Care (Ordinary Care): In Missouri, as in other states, you must act with the care that a ‘reasonably prudent person’ would exercise under similar circumstances to avoid harming others.
- The Professional Duty of Care: Trained professionals such as doctors must meet elevated standards of care that reflect their training and experience. A doctor treating a patient in an emergency room must comply with a higher set of standards than a traffic accident witness rendering roadside first aid.
- Premises Liability: The duty of care owed by property owners in Missouri varies depending on the status of the visitor. Property owners owe the highest duty to customers and invited guests, for example. To escape liability, a property owner should inspect the property and warn of any known dangers.
- Duty to Warn: Missouri law imposes a duty to warn under certain circumstances. Manufacturers, for example, must inform consumers about the risks of their products. Employers must warn employees about workplace hazards.
- Special Relationships: Certain relationships in Missouri generate an elevated duty of care. These relationships include common carriers, like airlines.
- Negligent Infliction of Emotional Distress: In Missouri, individuals may owe a duty to refrain not only from causing physical harm, but also from causing severe emotional distress.
- Statutory Duties: Certain Missouri statutes and regulations governing issues such as traffic laws, workplace safety, and building codes establish their own standards of care.
- Voluntarily Undertaken Duties: In Missouri, if an individual voluntarily undertakes a duty, such as offering assistance to someone in danger, they assume a duty of care to act reasonably in carrying out that duty.
The nature of the various duties of care helps to define what constitutes a breach of that duty.
Proving Breach of Duty
There are many ways to prove the breach of one of the above-described duties of care, including:
- Photographic Evidence: Photographs, videos, or other visual evidence.
- Eyewitness Testimony: Statements from witnesses who saw the defendant’s negligent actions.
- Documentary Evidence: Maintenance records, emails, or internal reports that prove negligence.
- Expert Testimony: An expert witness can testify that the defendant’s actions did not meet the applicable standard of care.
- Event Data Recorder: Many commercial trucks carry event data recorders, which is something like an airplane’s ‘black box.’ This can provide objective evidence of fault in a traffic accident.
- Cell Phone Records: These can prove distracted driving.
Remember that proving the breach of a duty of care establishes only negligence. Proving liability also requires you to prove damages and causation.
It’s Best To Talk to a St. Louis Personal Injury Lawyer
Fortunately, most St. Louis personal injury lawyers offer free initial consultations. Additionally, most of them will agree to work without legal fees unless they win your claim.
No honest lawyer will guarantee victory, but a good lawyer can drastically increase the value of your claim in some instances. Call Roach Law Car Accident Lawyers at (636) 519-0085 or contact us online to learn how we can help your personal injury case.
