Accidents happen all the time for any reason. However, many of these incidents directly result from someone else’s negligence. When this happens, Tennessee law allows you to fight for compensation for your injuries through an impact’s personal injury claim. If you believe another party’s negligence caused your injury, understanding the role of the duty of care in your personal injury claim is essential before filing.
What Is the Duty of Care in Personal Injury Cases?
A personal injury case depends on someone else holding liability for negligent behavior. A key component of negligence is that the responsible party must have what’s called a duty of care. This term refers to a legal responsibility one individual has to avoid causing harm to another person. It requires individuals to exercise reasonable care to prevent foreseeable injuries. In Tennessee, the courts will judge the duty of care by looking at:
- The predictability of harm
- The potential severity of injuries
- The defendant’s actions
- The feasibility of alternative actions
- Degree of control
- Moral blame
Negligence requires a person to have breached their duty of care. Therefore, in order to have a successful claim, the plaintiff must owe the defendant a duty of care in the first place. If the courts can examine these factors and determine that a duty of care exists and was breached, then proving liability becomes possible.
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Examples of Duty of Care in Everyday Situations
Duty of care is a flexible term that applies to many situations. This legal obligation exists in many kinds of everyday situations. For instance:
- Drivers and Pedestrians – Drivers must adhere to traffic laws to protect everyone using the road. This includes the pedestrians trying to cross the street. If a driver is texting and fails to see a pedestrian in a crosswalk, which leads to a collision, the driver has breached their duty of care to the pedestrian.
- Property Owners and Visitors – A property owner has a duty of care to anyone visiting their property, unless they are trespassing. If a property owner fails to address hazards like wet floors, broken stairs, or broken sidewalks, and someone gets hurt, they cannot uphold their duty of care.
- Employers and Employees – Employers must provide a safe working space for their employees. Many things can cause a breach of duty of care, such as negligent hiring, inadequate training, and failure to meet OSHA safety standards.
It’s important to note that everyone has a duty of care to their fellow beings to some extent. The relationship is essential, as are the details of the situations around which an injury happened. For instance, two visitors attending a seminar at the same property might seem to have nothing to do with each other. However, both have a duty of care to the other visitor. They must act in a way that does not endanger others, avoiding blocking a fire exit or running in a crowded aisle. A personal injury lawyer can help you determine if a duty of care exists in your case and if that duty was breached.
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Proving Negligence in a Personal Injury Claim
A personal injury claim is a lawsuit that is filed by someone who has been hurt as a direct result of someone else’s negligence. To have a successful claim, you must prove four elements of negligence:
- Duty – The defendant must owe the plaintiff a duty of care.
- Breach – The plaintiff must have breached their duty of care.
- Causation – The breach must have caused the plaintiff’s injury.
- Damages – The plaintiff must have incurred harm or loss as a result.
Because these things are required, proving negligence in a personal injury case is imperative. It’s the base of your personal injury claim. For instance, you might have a case if you slip in a grocery store. If you slip on a spill that was not marked or promptly cleaned up, this is a breach of duty of care by the grocery store’s owner. However, if you slipped because your shoe was untied, the owner cannot be held responsible for your losses.
Please read more about Auto Insurance Claims here: Getting Smart with Auto Insurance Claims
Why Duty of Care Matters in Injury Compensation
Duty of care matters when it comes to the compensation you can receive because it tells the story of how someone else caused you to incur harm or losses. Compensation in these cases can cover:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
You may face extensive injuries and medical expenses if you get hurt because of someone else’s negligence.
Covering them out of your pocket can be hard, so many people pursue a personal injury settlement to help with medical bills, lost wages, and other unexpected expenses after an accident. Duty of care matters in compensation because there is no case without it.
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Get Legal Assistance After a Duty of Care Violation
Seeking legal assistance when you’re suffering from an injury due to someone else’s negligence is critical to the outcome of your case. That’s because proving a duty of care can be tricky, especially when dealing with big companies that know how to deny and confuse you so that you don’t hold them accountable. If you even suspect your injury was preventable with someone else’s proper care, it’s worth speaking to an attorney. You should seek an experienced personal injury attorney as soon as possible. They will be able to help you establish the breach of duty of care that’s necessary to fight for the compensation you deserve.
Find a Local Attorney Who Cares
At Gatti, Keltner, Bienvenu & Montesi, we are here to fight for you, no matter what it takes. With us, you’ll receive direct attorney access and won’t be dealing with frustrating intermediaries. Our team also offers extensive experience, with over a century of combined experience in personal injury cases in Tennessee. Our track record speaks for itself – we’ve secured substantial settlements and verdicts for our clients.
Are you ready to discuss the details of your case? Don’t hesitate. If you believe someone else’s negligence has caused your injury, we’re here to help you. For a free consultation, contact us today or call us at (901) 526-2126 to get started.
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August 29, 2024
