“Proving Duty” means that the defendant could be liable for negligence if they owed the family member a duty of “due care.” 

Once a plaintiff has proven that a defendant had a duty of care, in order to win the lawsuit the plaintiff must prove that the defendant failed to act in line with that duty of care or “breached” the duty, that the plaintiff suffered damages and that these damages were caused by the defendant’s breach of duty of care.

Examples of Breach of Duty:

1. Bus drivers, train drivers, and airplane pilots owe a high duty of care to passengers. 

If the plaintiff is alleging that the defendant was driving negligently when she killed the deceased person, the plaintiff can argue that the defendant owed the deceased person a duty of due care to drive as a reasonably prudent person would. 

The defendant (driver) might have been using his phone while driving, ran a red light, and crashed the other car because he wasn’t paying attention. That could cause a crash and the victim could suffer a broken arm.

The plaintiff (victim) might decide to file a personal injury lawsuit against the driver or company he/she is driving for the damages suffered.

2. Public spaces like grocery stores where a slip and fall accident might occur due to a spilled substance on the floor.

3. Employers are expected to offer a safe work space for their employees free of injuries.

“Breach of the Duty of Care” can Lead to a Personal Injury Case.

Don’t hesitate to schedule an appointment today with the legal team at Alex Martinez Law Firm to get the help you need.

Alex Martinez Law Firm takes pride in defending its client’s legal rights. We fight to make things right and to get maximum compensation for the damages you suffered. We specialize in fighting the hard cases that other attorneys are not ready to handle. Call us now for your free consultation at 956-540-2255.

To schedule an appointment contact us.

For faster service, please call our office at 956-540-2255.