When a person, business, or entity injures another due to a failure to act with reasonable care, the injured party may be able to recover damages through a personal injury claim. The personal injury lawyer will use negligence as a legal concept to prove that the defendant is at fault for the accident but first, a duty of care must be established.
What is duty of care?
In tort law, a duty of care is a legal obligation that is placed on an individual, business, or other entity, requiring them to adhere to a standard of reasonable care while performing any acts that have the potential to harm others. Put another way, the duty of care is a requirement placed on a person to act with a degree of attention, caution, and care that a reasonable person would use under similar circumstances.
The duty of care is a standard in the law of negligence. It is the first element that must be established to proceed with an action in negligence. When the duty to act with reasonable care toward others is breached, a personal injury lawyer may be able to prove negligence.
Types of duty of care
There are different types of situations where a duty of care is relevant. For example, we expect products to be safe from defects, which means that manufacturers owe a duty of care to the customers who will ultimately purchase and use the products they manufacture. We also expect to receive competent care from our doctors – especially when it comes to diagnosing and treating illness or disease. Most adults drive and every time a driver gets behind the wheel, we owe a duty of care to the other drivers, passengers, and pedestrians on the road.
Property owners
Property owners owe a duty of care to anyone who visits their property. Under premises liability law, property owners are obligated to try to prevent injuries on their property by warning visitors about hazards and fixing hazards in a reasonable timeframe. One interesting thing to know about premises liability law is that these obligations remain whether the injured party was invited onto the property or not.
Manufacturers
Consumers reasonably expect products to be safe when they use them as they were manufactured to be used. Any business involved in the manufacturing, distributing, marketing, or selling of a product has a duty to meet a reasonable standard of care and provide a safe product under products liability law.
Medical professionals
Physicians, other healthcare professionals, and hospitals, have a legal obligation to provide a reasonable standard of skill and care in treating their patients. The legal duty of care is established when a healthcare provider agrees to treat a patient who has requested their services and it is breached when negligent care is provided.
Drivers
Every driver is responsible for the safety of others on the roads. In other words, drivers owe a duty of care to other drivers, passengers, and pedestrians when they get behind the wheel. Drivers are expected to behave like any other responsible driver would. When someone drives under the influence of drugs or alcohol, fails to follow traffic signals, or engages in dangerous distracted driving behaviors like texting and driving, they have breached their duty of care.
Employers
Employers owe a duty of care to protect their employees from undue risks. WISHA requires employers to provide safe and healthful workplaces for all employees in Washington State. When employers knowingly allow unsafe working conditions, such as exposure to toxic chemicals, they may be liable for any resulting injuries. At Tario & Associates, P.S., we help injured maritime workers fight for full and fair compensation for maritime accidents caused by negligence.
Seek the help of a car accident lawyer
If you or a loved one was injured in a collision because of the negligence of another, contact a personal injury lawyer to discuss your legal rights. Let an experienced car accident attorney fight for the full compensation that you deserve. It is not uncommon to receive a settlement from the insurance company that is five to ten times larger with the help of a lawyer. Call the personal injury lawyers at Tario & Associates, P.S. in Bellingham, WA today for a FREE consultation! We have been representing residents of Whatcom County, Skagit County, Island County and Snohomish County since 1979. You will pay nothing up front and no attorney fees at all unless we recover damages for you!
