The principle of personal injury law is one of the simplest. It means that whenever someone neglects their duty of care and harms you directly, they are responsible for the pain and harm you suffer.
At the center of all this is the term duty of care. This is the legal obligation and duty expected of everyone to act diligently and responsibly and care for everyone.
Defining the Duty of Care
Every individual is expected to act with the highest levels of care, ideally, what is covered within the provisions of standards of care. Everyone is expected to act in a way that doesn’t cause harm to those around them.
The duty of care can be a complex concept, given the various scenarios and circumstances. Click here to find out how a personal injury attorney can help in proving this vital element.
The sections below talk about the duty of care in detail.
Foreseeability vs. Reasonableness
Foreseeability is all about evaluating whether the circumstances and events led to harm. However, to hold in court, you must fulfill the tenets of reasonableness.
It means that you must prove that the defendant acted in a manner other than any normal person would do or as expected by the provisions of the duty of care.
Breach of Duty of Care
If one acts contrary to what is expected of them and by these major principles, their actions constitute a breach of duty of care. Others may also term these negligent acts contrary to reasonable actions.
There are many examples in which the breach can be instituted. However, to prove the breach, you have to judge the action versus the requirements of reasonableness. Another element you should not ignore is the harm or damage arising whenever one acts recklessly.
Therefore, you must show some loss, which could be economic or non-economic. With all these covered, you can easily win compensation for the damages you incur.
All these aspects matter because society expects everyone to act neighborly and reasonably to ensure the social order and the safety of others. These provisions encourage all parties to act with greater accountability and care for everyone.
The Neighbor Principle: A Concept Related to the Duty of Care
To better understand who the neighbor is, you should understand proximity and foreseeability. To prove duty of care, you must expound on proximity, which is the relationship shared between the parties, plaintiff and defendant.
The foreseeability here means that the defendant’s actions could potentially or directly cause harm. Therefore, it must be evident that one’s action triggers an accident or an injury that violates the standard duty of care.
Final Thoughts
The duty of care is one of the biggest elements in personal injury law, with many tenets and requirements that could easily be obscured. However, if you know the key requirements and terms, you can easily exercise your neighborly duties, avoiding harm to others.
If you are the victim of harm caused by the breach of duty of care, you must sufficiently prove that your case meets all the key requirements to claim damages. Get in touch with a lawyer to get the legal assistance required.
