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Breach of the Duty of Care

Negligence: Breach of the Duty of Care

To establish negligence on the part of a defendant, a plaintiff must first establish that the defendant owed the plaintiff a duty of care. Next, the plaintiff must establish that the defendant breached the duty of care.

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Breach of Duty of Care Defined

A breach of the duty of care occurs when one fails to fulfill his or her duty of care to act reasonably in some aspect. There are a variety of different situations in which one party owes a duty of care to another, therefore there can be a variety of situations in which such a duty is breached. Generally, if a party does not act in a reasonable manner to prevent foreseeable injuries to others, the duty of care is breached. This is generally a question of fact for the jury to decide.

It is important to note that just because a defendant owed a duty to the plaintiff, and it was established that the defendant breached that duty, a plaintiff must still prove that the breach was the cause of injury and that the injury resulted in damages in order to successfully establish a claim of negligence.

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injury lawyer kirk morgan

Kirk Morgan

Attorney

injury lawyer billy walker

Billy Walker

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injury lawyer will walker

Will Walker

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injury lawyer chuck slaughter

Chuck Slaughter

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Types of Burns

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Degrees of Burns

First , second , and third degree burns

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Burn Injuries

There are many types of burn injuries

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Scald Burn Injury

Caused when very hot liquids come into contact with skin

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Electrical Burns

Electricity can burn the skin and is capable of causing internal damage

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Chemical Burns

Caused when a strong acid or base comes into direct contact with skin

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Car/Boating Accidents

Thermal burns can occur if the car catches fire or explodes

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Gas Explosions

Caused when a gas leak combines with an ignition source

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Worker’s Compensation

If you've been burned on the job, you may need legal guidance

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E-Cigarette Burns

Can be caused by defective batteries or overheated vapor

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