The role of duty of care in your personal injury case

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Each person should be considerate and not affect another person’s safety.


Have you ever suffered an injury due to someone else’s irresponsibility? Have you considered claiming compensation after the accident? Well, people experience different forms of injuries in their daily activities.

To be honest, most of these accidents happen as a result of neglect other people. Through the development of legal policies such as the duty of care, people can now be held accountable for their actions. Learn more about the role of duty of care in your injury case.

Due Diligence Roles

In simple terms, the duty of care refers to reasonable action to control the health of others. In the United States, individuals must understand that they must manage their actions. It is a necessity for human beings to make wise decisions so as not to harm others. Depending on the situation, those operating as a team should be aware that they have a higher duty of care.

Each person should be considerate and not affect another person’s safety.

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

Here are some of the main roles of personal injury duty of care:

  • It helps people understand safety and regulatory measures, policies and laws. As a result, they become willing to follow the norms by avoiding hurting others.
  • Duty of care prevents harassment, discriminationor intimidation of victims.
  • This policy is great for people because it gives them the freedom to report injuries.
  • The duty of care applies to any situation or case. For example, in the event of bodily injury, at a workplace or abroad.

A person has the right to hold another person accountable for failing in their duty of care. If you are involved in an accident that caused injury and you don’t know what to do, file a civil lawsuit. A Personal injury lawyer in Naples can guide you in reporting the case of negligence. A victim must prove breach of duty, causation, damages and the existence of the duty of care.

Examples of breaches of due diligence

The breach of an obligation of vigilance can occur in the case of a road accident between a car and another motorist. When a driver overlooks the stop sign and hits another car, it is a breach of duty of care. The irresponsible driver ignored the reasonable thought that could prevent the accident. Accordingly, the plaintiff is free to sue the driver to repair the damage.

Close-up of school bus stop sign; image by Robin Jonathan, via Unsplash.com.

Landowners face greater neglect of duty of care cases in today’s society. When they sell a property knowing it poses a risk, they are breaking the code of duty of care. Due to this ignorance, a tenant or client may suffer bodily injury. Owners could warn visitors about the danger to the property to avoid any damage.

Provena Hospital vs. Steel in 2010

A physician failed in his duty of care in diagnosing a patient for mistreatment. The victim had an eruptive infection that required a specific form of diagnosis. But the doctor administered painkillers to the patient and sent the victim home.

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

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

A breach of duty of care arose when a store caused bodily harm to a customer. This case occurred following a poor arrangement of fruit on the shelves which caused the customer to slip and fall. The store’s ignorance of not putting rugs on the floor was valid. Moreover, the simple fact of not arranging the fruits well on the shelves led to the injury.

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