Negligence is the breach of a duty of care, and it’s the most common basis for a personal injury claim. A personal injury claim arises from negligence if the defendant’s negligence injures someone else. Duty and breach are on different sides of the same coin—it’s difficult to discuss one without the other.
A Kennesaw personal injury lawyer can help you prove negligence and recover damages for your injuries. Contact Starks Byron, P.C. at (678) 257 3761 for a free consultation.
Different Versions of the Personal Injury Duty of Care
Duty of care applies across a broad spectrum of personal injury claims. Nevertheless, not all ‘duties of care’ are created equal—some are more stringent than others. Below is an explanation of some of the most commonly used versions of the duty of care.
The General Duty of Care (Negligence)
The general duty of care is a ‘common-sense’ standard. Every mentally competent adult owes every other person a general duty to act in a manner that does not injure them. A driver must stop at traffic lights, for example, to avoid car accidents.
Premises Liability
The owner or operator of real property (and buildings) owes guests, licensees, and even trespassers (to some extent) a general duty to keep their premises free of unreasonably dangerous conditions. That means they must either correct or warn others of dangerous conditions (a “Beware of Dog” sign, for example).
The Professional Duty of Care
In medical malpractice law, healthcare providers must treat their patients with the degree of skill and care exercised by their peers in the same profession and in the same community. Typically, establishing the duty of care in a given situation requires the testimony of an expert. In many cases, the question of whether the defendant breached that duty also requires expert testimony.
Product Liability
Manufacturers must produce goods that are safe to use and free from unreasonably dangerous defects. Distributors (such as retailers) must avoid selling defective or unreasonably dangerous products. Georgia law can impose strict liability for defective products, meaning that the defendant can bear liability even with no evidence of negligence.
Transportation: Common Carriers
Common carriers, such as airlines, trains, and buses, owe a heightened duty of care to their passengers. Air travel, in particular, is a very heavily regulated industry.
Special Relationships
In some cases, the superior party in a special relationship owes an enhanced duty of care to the other party:
- Parent/Child: Parents are responsible for supervising their children and protecting them from harm. Failure to do so can result in liability to their children or third parties.
- Employer/Employee: Employers must provide a safe working environment for their employees and supervise them to prevent them from harming third parties.
- School/Student: Schools are obligated to protect their students from foreseeable harm while on campus.
Georgia law recognizes other special relationships as well.
Negligent Infliction of Emotional Distress
Georgia recognizes a general duty of care to avoid causing another person emotional distress. In bystander liability, for example, you can bear liability if a bystander (who is a close relative of the victim) witnesses an injury that you cause.
Under certain circumstances, you can also file a ‘negligent infliction of emotional distress’ claim against a healthcare provider for negligently diagnosing you with a terminal disease when you’re actually healthy.
The specific duty of care and the manner in which it has been breached will significantly impact the outcome of your case.
Proving Breach of Duty
To breach a duty of care is to commit negligence–negligence alone won’t win your claim for you. You will also need to prove that you suffered harm, and that the defendant’s negligence caused that harm.
You can formulate a duty of care in two ways. A duty of commission is a duty to do something, like check a patient’s pulse before you begin an autopsy. A duty of omission is a duty to refrain from doing something, such as driving the wrong way on a one-way street.
Below is a list of some of the most common ways of proving breach of duty:
- Reference to a safety rule: Sometimes, the rule itself serves as the standard.
- Expert testimony: A court can decide whether to believe the testimony of an expert.
- Eyewitness testimony: The testimony of a disinterested eyewitness is one of the most effective ways of proving liability.
- Circumstantial evidence: In many cases, circumstances prove that someone must have been negligent (see res ipsa loquitur).
- Company policy or prevailing industry standards: These standards often provide the relevant duty of care.
- Defendant’s statements: Sometimes, a defendant’s statements are self-incriminating and could be used against them.
- Physical evidence: Damaged property, CCTV video footage, and defective equipment, to name a few examples, often prove a breach of duty.
The evidence you need to prove a breach of duty depends heavily on the facts of your case.
Your Odds are Much Better With a Lawyer Than Without One
Even with a lawyer, nobody can guarantee victory for you. Nevertheless, the assistance of an experienced Kennesaw personal injury lawyer can put you in a strong position to demand a fair settlement. Contact our law firm today for help proving a breach of duty after an accident.
