How to Know If a Duty Care Was Breached

Negligence cases are complex and multifaceted legal matters. To successfully claim damages in personal injury cases, it is important to prove negligence by establishing that a duty of care was owed and that this duty was breached. 

The following information explores the concept of duty of care, its breach, and how to determine if this element of negligence has been violated. For professional legal assistance, reach out to our attorneys at Kidwell & Gallagher today. 

Understanding Duty of Care

In legal terms, a duty of care refers to a person’s obligation to ensure the well-being and safety of others. This responsibility covers a wide range of scenarios, including the obligation of doctors towards their patients, employers towards their employees, or drivers towards pedestrians and other road users such as cyclists.

Again, establishing the existence of a duty of care is necessary as it serves as the foundation for determining negligence. Consequently, the legal system has set aside several guidelines to discern whether this duty exists in a specific case.

Proving a Breach of Duty of Care

Once you have established that a duty of care exists between two parties, you must demonstrate that the duty of care has been breached. A breach occurs when one party fails to fulfill its obligations regarding certain safety measures or reasonable care.

If they fail to do this, the breach will lead to physical, emotional, or financial harm to another party.

How To Determine a Breach

To know if a duty of care has been breached in a personal injury case, consider the following:

1. The Reasonable Person Test: The first step in assessing whether a duty of care was breached is to apply the “reasonable person test.” It requires determining what an ordinary individual with ordinary prudence would have done in a similar situation. If the defendant’s behavior is considered negligent compared to that standard, it is defined as a breach.
2. Foreseeability: Another essential factor when establishing a breach is foreseeability. If a defendant fails to practice due diligence or reasonably foresee a predictable harm, it’s considered a breach.
3. The magnitude of the risk: When determining a breach of duty, the court will assess if the defendant had appropriately considered the magnitude of and potential for harm. This involves considering whether adequate precautions were taken to prevent this foreseeable harm or minimize risks.
4. Industry standards and regulations: Another factor that indicates a breach is non-compliance or not meeting established industry standards and regulations. For instance, if a construction company disregards safety guidelines or a medical professional fails to adhere to best practices, they may be found in breach of their duty of care.

Seeking Professional Legal Guidance

To better assess your individual situation, seeking legal advice is strongly recommended. A lawyer experienced in personal injury law is equipped with the knowledge and expertise to advise you on your case’s strength. They can help you determine negligence and develop strategies for pursuing compensation.

Contact a Personal Injury Attorney About Your Negligence Case Today

If you believe that the injuries you’ve suffered are due to another party’s negligence, you should contact an attorney right away. To protect your rights and ensure the best possible outcome for your case, contact Kidwell & Gallagher right away.

Craig Kidwell

Craig W. Kidwell is the managing partner of Kidwell & Gallagher, Ltd., and exclusively represents injured workers in Nevada. Mr. Kidwell has been practicing workers’ compensation law in Nevada since 1999 and has acted as lead counsel on over 2,000 contested workers’ compensation claims. Mr. Kidwell represents injured workers in Nevada through all stages of Nevada’s complex worker’s compensation system. Craig regularly appears in all levels of Nevada’s administrative workers’ compensation system and has represented injured workers in Nevada’s districts and Supreme Court.

• With more than 21 years of experience in complex litigation cases in Nevada.
• In 2018, the State Bar of Nevada selected Mr. Kidwell as one of the five co-founding board members.
• Mr. Kidwell has lobbied and testified before the Nevada Legislature on behalf of the Nevada Justice.

With more than 21 years of experience in complex litigation cases in Nevada, I’ve represented injured workers in Nevada through all stages of Nevada’s complex worker’s compensation system. I regularly appears in all levels of Nevada’s administrative workers’ compensation system and I’ve represented injured workers in Nevada’s districts and Supreme Court.

Craig W. Kidwell

Founding Attorney