When a person or entity’s negligence causes injury or property damage to someone else, the victim may be owed compensation. Negligence victims can bring personal injury claims against the negligent party in order to seek compensation for their damages. One of the key elements of a negligence case is establishing the duty of care that the defendant owed to the victim. In the victim’s personal injury claim, the victim will need to prove that the defendant owed the victim a duty of care, the defendant breached that duty of care, such breach caused the victim’s injuries or property damage, and the victim suffered losses as a result. If a victim cannot establish that the defendant owed the victim a duty of care, then the victim will not be able to prove the defendant’s liability.
Any victim who has suffered injury or property damage at the hands of another party’s negligence should consult with an experienced team of personal injury attorneys. At the Law Office of Cohen & Jaffe, LLP our legal team has successfully handled countless negligence cases for our clients. We would be happy to discuss the facts of your case, and we may be able to help you pursue any compensation that you are owed.
Duty of Care Is an Element of Negligence
Duty of care is an important legal term in the world of negligence and personal injury claims. Every person has a legal duty of care (or obligation) to act in a manner like any other reasonable person would under similar circumstances to avoid harming others. For example, doctors owe their patients a duty of care not to cause them intentional harm. Drivers owe other drivers and pedestrians a duty of care to follow traffic safety laws in order to avoid collisions. The list goes on. The important thing to remember is that when an individual or entity is negligent and breaches that duty of care, victims who suffer injuries as a result can sue the responsible parties for compensation.
When someone else’s actions cause your injuries, you may be able to sue them for negligence in the form of a personal injury claim. There are four main elements to a negligence case. First, you must prove that the defendant owed you a duty of care. Second, you must show evidence that the defendant breached this duty of care. Third, you must prove that the defendant’s breach of its duty of care resulted in your injuries or property damage. Finally, you will need to provide evidence that you have suffered actual harm in the form of damages.
Establishing Different Duties of Care
Duty of care is not a one-size-fits-all legal concept. In fact, different duties of care may apply to different parties or under different circumstances. The following are just some examples of the duties of care involved in negligence cases:
- Drivers owe other drivers, pedestrians, and cyclists a duty of care to follow traffic safety laws in order to avoid collisions.
- Bus drivers and train operators (or common carriers) owe a higher duty of care to their passengers than regular drivers owe to each other on the roads.
- Property owners owe a standard duty of care to invited guests, but they owe a limited duty of care to people who trespass onto their property.
- Manufacturers could be held strictly liable for harmful and defective products, regardless of whether or not they were negligent.
A skilled personal injury lawyer will be able to investigate the facts of your case and determine whether or not the defendant owed you a duty of care. You should keep detailed documentation of the incident that led to your injuries so that you will have enough evidence to prove the defendant’s negligence. Our team of personal injury lawyers is passionate about helping negligence victims recover compensation from the responsible parties.
Contact the Experienced Personal Injury Lawyers With the Law Office of Cohen & Jaffe, LLP Today
Victims of negligence should be able to pursue personal injury claims against the parties who caused them harm. One of the most important elements of any negligence case is establishing the defendant’s duty of care. With the assistance of a personal injury lawyer, you can begin your journey to recover the damages you deserve. Our experienced legal professionals are prepared to fight for you.
The Law Office of Cohen & Jaffe, LLP is a trusted New York personal injury law firm. Our team understands what you are going through, and we want to walk alongside you as you recover from your injuries and pursue compensation. You can schedule your free consultation with us today by calling (516) 358-6900 or by filling out our contact form.
