In personal injury law, breach of duty is one of the most important elements you must prove to win a negligence-based claim. When someone owes you a legal duty and fails to act with reasonable care, that failure may be considered a breach. You may have a valid personal injury claim if their breach causes an accident or injury.
Understanding what qualifies as a breach—and how to prove it—can help you hold the at-fault party accountable and recover fair compensation.
How Is a Duty of Care Established?
Before a breach can be proven, there must be a legal duty of care. A duty of care is a legal responsibility to avoid causing harm to others. It depends on the relationship between the parties and the situation.
Common examples of duty of care include:
- Drivers must operate their vehicles safely and follow traffic laws.
- Property owners must keep their premises safe for visitors.
- Employers must provide safe working conditions.
- Doctors must treat patients with professional skill and attention.
- Manufacturers must make products that are safe to use.
If someone had a duty and broke it, they may be legally responsible for the harm that followed.
What Does Breach of Duty Mean?
A breach of duty occurs when someone fails to meet the level of care a reasonable person would use in the same situation. This means they acted carelessly, didn’t do what they were supposed to do, or created unnecessary danger.
Here are some common examples of breach of duty:
- A driver speeds through a red light and crashes into another car.
- A store employee ignores a spill that later causes someone to slip.
- A landlord refuses to fix broken stairs that later cause a tenant to fall.
- A doctor overlooks clear signs of a serious illness.
- A daycare fails to supervise children properly.
In each of these cases, someone had a duty to act safely but failed to do so.
Why Breach of Duty Matters in Your Case
To win a personal injury case, you must prove four elements:
- Duty: The person owed you a legal duty of care.
- Breach: They failed to meet that duty.
- Causation: Their breach caused your injury.
- Damages: You suffered real harm (medical bills, lost wages, etc.).
If you can’t prove breach of duty, your case may fall apart. That’s why it’s important to gather evidence early and speak to a lawyer who understands how to build a strong claim.
How Courts Decide Whether a Breach Happened
Courts use the “reasonable person” standard to decide if a breach occurred. This means the judge or jury asks whether a typical, careful person would have acted the same way in the same situation.
To decide whether someone breached their duty, courts often consider:
- The seriousness of the risk involved
- Whether the harm was foreseeable
- If the person followed laws, rules, or safety protocols
- What steps, if any, were taken to avoid danger
- Industry standards and expert opinions
If a person’s actions fall short of what’s reasonable, the court may decide a breach occurred.
Evidence Used to Prove a Breach
Proving breach of duty takes evidence. Without proof, the insurance company may deny your claim or offer less than your case is worth.
Useful types of evidence include:
- Surveillance footage or accident photos
- Eyewitness accounts
- Maintenance logs or inspection records
- Expert testimony from doctors or safety professionals
- Medical records and treatment notes
- Company safety manuals or training materials
- Police or incident reports
This evidence helps show what happened, why it happened, and whether the other party failed to meet their duty of care.
Ohio’s Modified Comparative Fault Rule
Ohio follows a modified comparative fault rule, which means your compensation can be reduced if you’re found partly responsible for your injuries. Specifically, if you are 51% or more at fault, you may be barred from recovering any damages at all.
The other party may try to shift the blame onto you to avoid paying. That’s why proving the other party breached their duty of care is important. If your attorney can show that the other party owed you a duty and failed to uphold it, it strengthens your case and helps reduce any claims that you were at fault.
Contact the Law Office of Michael J. Tremoulis for a Free Consultation With an Ohio Personal Injury Lawyer
If you think someone else’s carelessness caused your injury, a lawyer can help you investigate your case and prove breach of duty. Proving this element is critical to any injury claim. With the right evidence, legal strategy, and support, you may be able to get compensation for medical bills, pain and suffering, and other damages.
Contact the Law Office of Michael J. Tremoulis at (419) 404-4444 for a free consultation with an Ohio personal injury lawyer.
