If you’ve been hurt in an accident, you’ve probably heard the word “negligence” tossed around. Most personal injury claims are based on negligence. At its simplest, it means someone acted carelessly, and that carelessness caused someone else to get hurt.
An important part of proving negligence is showing a breach of duty. That might sound like legal jargon, but it really comes down to this: Did the other person fail to act the way a reasonable person would have acted in a similar situation?
Keep reading to learn more about breach of duty and its role in your case.
What Does Duty of Care Mean?
Before you can talk about a breach, you need to know what the duty is. In personal injury law, a duty of care is the responsibility someone has to avoid harming others.
To give some examples:
- Drivers must follow traffic laws and pay attention to the road.
- Businesses must keep their stores reasonably safe for customers.
- Doctors must provide medical care that meets the professional standard of care.
Nobody is expected to prevent every accident, but everyone must act with reasonable care in everyday life.
What Qualifies as a Breach of Duty?
A breach of duty happens when someone doesn’t meet the reasonable standard of care. It’s when a person fails to act responsibly and, as a result, puts someone else at risk.
Some everyday examples include:
- A driver runs a red light and causes a crash.
- A store owner ignores a spill, leading to a customer slipping and falling.
- A trucking company sends a driver out on the roads with bald tires.
In all these situations, the person (or company) didn’t do what a reasonably careful person would have done. That failure is the “breach.”
How Do You Prove a Breach of Duty?
This is where your lawyer comes in. Proving breach of duty usually means collecting evidence, such as:
- Accident reports that document what happened
- Witness statements from people who saw it unfold
- Photos or videos showing the hazard or the crash scene
- Expert testimony explaining how the standard of care was not met
Insurance companies often push back hard on this point. They may argue that the defendant acted reasonably or even try to shift some of the blame onto you. That’s why having an experienced Sandusky personal injury lawyer by your side can make a big difference.
Breach of Duty in Common Personal Injury Cases
Breach of duty looks different depending on the type of case.
Car Accidents
Drivers have a duty to follow the rules of the road. Distracted driving, speeding, or drunk driving are clear breaches.
Slip and Fall Accidents
Property owners are supposed to keep their premises safe. Ignoring hazards like broken stairs or cracked tiles can be a breach.
Medical Malpractice
Doctors and nurses must provide care that meets accepted medical standards. Misdiagnosis, surgical mistakes, or medication errors are common examples of breaches of duty.
Truck Accidents
Truck drivers and trucking companies are held to strict federal safety rules. Violating hours-of-service rules or skipping inspections can amount to negligence.
How To Prove Negligence
To win a personal injury claim in Ohio, you need to establish four different elements of negligence:
- The other person owed you a duty of care.
- They breached that duty.
- The breach caused your injuries.
- You suffered damages, like medical bills or lost wages.
Without proof of a breach, your case falls apart. That’s why this step is so critical.
What If You’re Partly at Fault in Ohio?
Ohio uses what’s called modified comparative negligence. This means you can still recover money if you were partly at fault, as long as you weren’t more than 50 percent to blame, even if the other party’s breach of duty contributed to the accident.
For example, suppose that you were awarded $100,000, but the court determines that you were 20 percent at fault. You’d still be able to receive $80,000.
Insurance companies know this rule well and often try to use it against you. They’ll argue you share more blame than you really do. A personal injury lawyer can push back and protect your right to fair compensation for the other party’s breach of duty.
Contact Wisehart Wright Trial Lawyers for a Free Consultation With a Sandusky Personal Injury Lawyer
At Wisehart Wright Trial Lawyers, we know that proving a breach of duty can feel overwhelming. But at the end of the day, it’s about fairness. If someone else’s carelessness caused your injuries, you shouldn’t be the one left paying the price.
Our team has over 181 years of combined experience helping people across Sandusky, Ohio, get the compensation they need after serious accidents. With over $100 million recovered, we have a proven track record of success. We’ll listen to your story, explain your options in plain English, and fight to hold the negligent party accountable.
Contact our law office today at (419) 625-7770 to schedule a free consultation with a Sandusky personal injury lawyer. We’re here to help you move forward.