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.
Walker Morgan LLC
Breach of the Duty of Care
Negligence: Breach of the Duty of Care
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.