Breach Of Duty

Breach Of Duty

Have you ever heard the term “breach of duty?” Breach of duty has a specific legal meaning. It is an element of every negligence claim in New York. It so happens that beach of duty is one of the most complicated parts of proving negligence.

A breach of duty happens when someone fails to use reasonable care and causes an accident. Reasonable care is a legal standard that means acting cautiously to avoid foreseeable risks of harm. While this may seem like common sense, it can become very complex depending on the facts of the negligence case.

It is important to understand the breach of duty if you are pursuing a negligence claim or are unsure whether you have one. Be sure to contact a personal injury lawyer in Buffalo to understand your legal options.

What Is Negligence?

Negligence is a civil tort claim. When a plaintiff pursues a negligence case, the remedy is usually to receive monetary damages. Most negligence cases allege that the plaintiff was physically harmed, but it can also apply to property damage, too.

Every negligence claim has four elements. The plaintiff must prove each element by a preponderance of the evidence. The claim will fail if the plaintiff fails to meet this burden of proof of each component. A preponderance of the evidence means that something is more likely than not true.

The four elements of negligence are:

• Duty of care
• Breach of duty of care
• Causation
• Economic or non-economic damages

You can prove these elements with evidence. Compelling evidence can include witness testimony, physical evidence, or different types of records.

What Is The Duty Of Care?

To understand a breach of duty, you need to understand the duty itself. This duty is called the duty of care. The duty of care is a general duty that applies to everyone.

The duty of care is a duty to act reasonably to avoid causing harm to others or their property. It means being cautious not to take unnecessary risks that put others in harm’s way. It doesn’t mean that we need to be perfect, but we have a duty to minimize foreseeable risks to others.

This duty is an important part of living in a civilized society and public sphere. If we never thought about each other’s safety, then we would regularly be put in unfairly dangerous situations. When we don’t adhere to this duty, we have breached our duty of care.

Chris O’Brien

Chris O’Brien is a nationally recognized personal injury attorney with over 30 years of experience fighting for accident victims in Western New York. A founding partner at O’Brien & Ford, he has helped recover millions for clients and built a reputation as a top trial lawyer and educator. Chris is a Diplomate of the National College of Advocacy, a member of the Million Dollar Advocates Forum, and was named one of Western New York’s Top Ten Lawyers by Buffalo Business First. He lives in Amherst with his family and their Bernedoodle, Moose.

Years of experience: 33 years
Practice areas: Personal Injury Law, Car Accidents
Location: Buffalo, New York

How Do You Prove Breach Of Duty?

It can be hard to prove a breach of duty. To prove this element, you must show that the defendant’s actions caused you an unreasonable risk of harm. This is a fact-specific analysis, meaning you must look at the specific circumstances of the case.

When a court analyzes a breach of duty, it applies the ordinary person standard. The ordinary person is a fictional person who always follows the duty of care. The ordinary person doesn’t break the law and thinks before they act.

A judge places the ordinary person in the same situation the defendant was in and decides if, under those circumstances, the ordinary person would act the same. If they would not, then the defendant has breached the duty of care and is liable for your damages.

Sometimes people mistake a breach of duty for perfection. We are not expected to be perfect. Pure unavoidable and unforeseeable accidents can happen. The purpose of the duty of care is to avoid foreseeable risks of harm.

Examples Of Breach Of Duty

It’s helpful to consider examples of breach of duty to understand the concept fully. However, remember that breach of duty is fact-specific. That means that just because the court ruled one person breached their duty of care in one case, doesn’t mean that will necessarily apply to another case in the future.

Some circumstances where a breach could happen may include:

• Failing to maintain public property or warn of a dangerous condition on the property
• Failing to fix a known defective product or warn consumers
• Speeding or texting while driving
• Letting an aggressive dog off-leash around others
• Failing to repair old brakes on a semi-truck
• Cutting corners on a construction site to rush the job

As you can see, a breach can happen in many different situations. That’s because negligence theory can apply to all types of personal injury cases, including:

• Car accidents
• Truck accidents
• Pedestrian accidents 
• Slip and falls
• Medical malpractice
• Construction accidents
• Workplace injuries
• Dog bites
• Defective products 

Since breach of duty is critical to any negligence claim, you need to focus on the breach when arguing your case. You should never assume that the court will see the case the same way that you do.
A Buffalo personal injury lawyer can help you identify the breach of duty and collect compelling evidence to support your lawsuit. You should reach out as soon as possible because you only have three years to file your case.

Contact The Buffalo Personal Injury Lawyers At O’Brien & Ford Buffalo Car Accident and Personal Injury Lawyers For Help Today

For more information, please contact the Buffalo personal injury lawyers at O’Brien & Ford Buffalo Car Accident and Personal Injury Lawyers to schedule a free consultation with an accident lawyer. We have a convenient office location in Buffalo, NY.

We proudly serve all throughout Erie County and the state of New York.

O’Brien & Ford Buffalo Car Accident and Personal Injury Lawyers
4549 Main St, Suite 201
Buffalo, New York, 14226
(716) 222-2222