What Is Duty of Care and How Does It Affect Personal Injury Cases?

Every personal injury case hinges on one key question: did the defendant owe the injured party a “duty of care”? If so, and the defendant violated it, the defendant could be financially liable for the harm the injured party suffered as a result. But what is duty of care, and how can you prove that one existed in the first place?

What Is Duty of Care?

A duty of care is a legal responsibility. Generally, everyone must act with reasonable caution to avoid causing harm to others. This standard is based on what an ordinary, prudent person would do under similar circumstances.

For example, drivers have a duty to obey traffic laws. Property owners have a duty to maintain safe premises. Medical professionals have a duty to provide competent care to patients. The specific duty depends on the relationship between the parties and the situation.

This obligation isn’t absolute. People must act reasonably, not perfectly. The key question is whether the person acted like a reasonably careful person would have in that same situation.

Who Owes a Duty of Care?

Everyone has some form of duty of care in daily life. The exact nature of that duty depends on the context and the relationships involved. Common examples include the following:

• Drivers and Other Road Users – Every driver in New York must operate their vehicle safely and obey all traffic laws. For example, this includes following the speed limits or following another vehicle too closely. This duty also extends to motorcyclists, truck drivers, and bicyclists. Even pedestrians have a duty to others on the road.
• Property Owners and Occupiers – Property owners and tenants have a duty to keep their property reasonably safe for visitors. That includes repairing known hazards, cleaning spills, providing adequate lighting, and warning about dangerous conditions.
• Employers and Business Operators – Employers have a duty to provide safe working conditions.
• Medical Professionals – Doctors, nurses, and healthcare providers owe a duty of care to their patients based on their profession’s accepted standards. For example, all healthcare professionals must frequently wash their hands to avoid spreading germs. Failing to follow medical standards can lead to a medical malpractice claim.
• Manufacturers and Product Designers – Companies that design, manufacture, or distribute products owe a duty to create and sell reasonably safe products. That includes warning consumers about foreseeable risks.

In other words, anyone who could foreseeably cause harm to others owes a duty of care to act reasonably.

Why Duty of Care Matters in Personal Injury Claims

To recover compensation from a personal injury claim, you must prove that the person or entity who caused your injuries owed you a duty and failed to meet it. Without this element, there’s no legal basis for holding the other party liable, even if you were hurt.

For instance, a driver owes a duty to other road users, but not necessarily to someone who wasn’t affected by their driving. Similarly, a property owner owes a duty to invited guests or customers, but not usually to trespassers.

In a personal injury case, the duty connects the other person’s behavior to your injury. Once your attorney proves a duty exists, they can move on to prove breach, causation, and damages (the harm you suffered).

What Happens When Duty of Care Is Breached?

A breach of duty of care can take many forms, depending on the specific situation and who is involved. Common breaches include the following:

• A driver texting and causing a crash
• A store owner ignoring a spill that causes a customer to slip and fall
• A doctor misdiagnosing a condition that another reasonable doctor would have caught
• A landlord failing to fix a broken stair that later causes a tenant’s injury

Proving a breach often involves showing what a reasonable person or professional would have done differently. For example, a reasonable person wouldn’t text while driving. A reasonable store owner would clean up spills and other hazards as soon as they become aware of them.

How to Prove Duty of Care in a Personal Injury Case

Proving duty of care and breach is one of the most important steps in your case. Your lawyer will investigate the incident and find evidence to support your claim. Each case is unique, so the specific evidence and strategies will depend on your situation.

The following is how you or a personal injury lawyer might approach the process:

• Proving a Duty to You Existed – You must show that the other party had a legal obligation to act carefully in your situation. For example, a property owner owes a duty to lawful visitors.
• Someone Breached That Duty – Police reports, surveillance footage, eyewitness statements, and expert testimony can help show that the other party acted carelessly or ignored known risks.
• Proving Causation – The next step is linking the breach of duty directly to your injury. Your lawyer must show that the harm wouldn’t have happened if the other party had acted reasonably. Evidence like medical records and expert evaluations can help establish this connection.
• Damages – Finally, you must prove you suffered real losses due to the breach. These losses commonly include medical bills, lost income, and pain and suffering. It’s not enough that you were almost hurt or could have been hurt; you must have suffered actual harm.

New York’s courts use this analysis to decide whether a defendant is liable. In many cases, judges look at whether harm was foreseeable and whether the defendant’s actions were closely connected to the injury.

Call Our Queens Personal Injury Lawyers for Help with Your Case

If you’ve been hurt because of someone’s careless actions, The Tadchiev Law Firm, P.C., can help you pursue compensation to cover your injuries and more. Our team serves clients throughout Queens, NY, and beyond from our office in Floral Park. We’re ready to fight for the full and fair compensation you deserve, whether your claim can be resolved out of court or needs to go to trial.

Contact The Tadchiev Law Firm, P.C., today to learn your legal options and start building your case.

About the Author

Boris Tadchiev
Boris Tadchiev is the founding partner at The Tadchiev Law Firm, P.C. He focuses his practice on advocating for the rights of individuals and families in personal injury cases involving motor vehicle accidents, premises liability, and wrongful death. He also represents healthcare providers in complex no-fault arbitration claims.