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The Role of Duty of Care in Your Personal Injury Case

— July 28, 2022

Every person should be considerate and not affect the safety of another individual.

Have you ever had any injury due to another person’s irresponsibility? Did you consider seeking any compensation after the accident? Well, people experience different forms of injuries in their day-to-day activities. 

To be frank, most of these accidents happen as a result of negligence from other people. Thanks to the development of law policies like the duty of care, people can now be liable for their actions. Learn more about the role of duty of care in your injury case.

Duty of Care Roles

In simple terms, the duty of care refers to a reasonable action to be in control of other people’s health. In the USA, individuals need to understand that they should manage their actions. It is a necessity for human beings to make sound decisions not to harm others. Depending on the situation, those who operate in teams should be aware that they have a higher duty of care. 

Every person should be considerate and not affect the safety of another individual.

A good citizen, friend, or team member protects the welfare of others at all costs. But they need to recognize that personal injuries can be unavoidable. Whatever the case, people should act responsibly to prevent unnecessary harm. 

The following are among the main roles the duty of care has on personal injuries:

  • It helps people to understand the safety and regulation measures, policies, and laws. As a result, they become willing to follow standards by avoiding injuries to others.
  • The duty of care prevents harassment, discrimination, or bullying of victims.
  • This policy is ideal for people because it offers them the freedom to report injury cases.
  • The duty of care applies to any situation or case. For example, in personal injuries, a business workplace, or abroad.

A person has the right to hold another person responsible for neglecting the duty of care. If you experience an accident that caused a personal injury and you don’t know what to do, file a civil lawsuit. A Naples personal injury lawyer can guide you in reporting the negligence case. A victim needs to show the breach of the duty, causation, damages, and the existence of the duty of care.

Examples of Breaching Duty of Care 

The breaching of a duty of care can occur in a case involving a road accident between a car and another motorist. When a driver neglects the stop sign and hits another car, that is a violation of the duty of care. The irresponsible driver ignored reasonable thinking which could prevent the accident. As a result, the plaintiff is free to sue the driver to compensate for the damages.

Upclose shot of stop sign on school bus; image by Robin Jonathan, via
Upclose shot of stop sign on school bus; image by Robin Jonathan, via

Property owners face more negligence of the duty of care cases in the current society. When they sell a property knowing it has a hazard, they break the code of duty of care. Due to this ignorance, a tenant or client may experience a personal injury. The homeowners could warn the visitors about the property hazard to avoid harm.

Provena Hospital v. Steel in 2010

A physician neglected the duty of care by diagnosing the wrong treatment to a patient. The victim had a rash infection that needed a specific form of diagnosis. But the physician gave the patient painkillers and sent the victim back home. 

As a result, the outpatient died due to the negligence of the physician on the duty of care. This case later on developed to be a disaster that placed other doctors on watch. They became willing to consult a disease specialist first before administering a diagnosis.

Schultz Sav-O Store v. Camacho-Lunded in 1996

A breach of duty of care came to light when a store caused a personal injury to a customer. This case occurred due to a bad arrangement of fruits on shelves which made the client slip and fall. The ignorance of the store on failing to put mats on the floor was valid. Also, the simple act of not organizing the fruits well on the shelves led to the injury.

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