Duty
« Back to Glossary Index

Understanding Duty of Care in Personal Injury Cases

Bert McDowell Injury Law – Serving Connecticut. Call us for a free consultation: 475-231-3274.

 

What Is Duty of Care?

In personal injury law, duty of care refers to the legal obligation everyone has to act in a way that does not harm others. It is a standard of conduct that requires individuals or entities to exercise reasonable caution to avoid causing injury or damages. Whether it’s driving safely, maintaining safe premises, or adhering to professional standards, duty of care is an essential concept in determining liability in personal injury cases.

Examples of Duty of Care

Duty of care can manifest in many ways, and the circumstances often determine what constitutes a breach. Here are some examples:

  • Drivers: Motorists have a duty to follow traffic laws, stay attentive, and drive responsibly to keep others safe. For instance, if a driver speeds through a red light and causes an accident, they have breached their duty of care.
  • Premises Owners: Property owners must ensure their premises are safe for visitors. Imagine a water park with insufficient safety railings around a dangerous area. If a child climbs over and gets hurt, the park may have failed in its duty to provide adequate safety measures.
  • Employers: Employers have a duty to provide a safe working environment for their employees. If they fail to address known hazards, they could be held liable for workplace injuries.

What Happens When Duty of Care Is Breached?

A breach of duty of care occurs when someone fails to act as a reasonable person would in a similar situation, leading to harm or injury. This failure can be categorized as:

  • Negligence: When someone acts carelessly, such as texting while driving or leaving a spill uncleaned in a store.
  • Gross Negligence: When someone’s behavior is extremely reckless or dangerous, like driving under the influence or ignoring critical safety warnings.

If a breach of duty of care causes damages — such as injuries, property damage, or even death — the responsible party can be held legally liable. Victims have the right to seek compensation for medical bills, lost wages, pain and suffering, and other damages.

How Bert McDowell Injury Law Can Help

Have you or a loved one been injured due to someone else’s negligence in Connecticut? Bert McDowell Injury Law can help you navigate the legal process and fight for the compensation you deserve. Our experienced team is dedicated to holding negligent parties accountable and ensuring justice for our clients.

When you work with Bert McDowell Injury Law, we will:

  • Provide a thorough evaluation of your case.
  • Gather evidence to prove the breach of duty of care.
  • Negotiate with insurance companies on your behalf.
  • Take your case to court if necessary, to pursue maximum compensation.

We understand how overwhelming it can be to deal with an injury, and we’re here to support you every step of the way. Let us handle the legal aspects so you can focus on your recovery.

Contact Us Today for a Free Consultation

If you’ve been injured in Connecticut due to someone else’s negligence, you deserve legal representation that understands the nuances of the state’s legal system, including the potential for a jury trial. At Bert McDowell Injury Law, we focus exclusively on personal injury cases and are committed to fighting for the compensation you deserve. Our attorneys understand how to navigate the complexities of Connecticut’s legal system, and we have the experience needed to advocate for you effectively in front of a jury or a judge.

We know that dealing with injuries can be overwhelming, both physically and emotionally. That’s why we offer a free consultation to discuss your case and provide guidance on your next steps. Whether your case is resolved through a settlement or proceeds to a jury trial, we are here to support you every step of the way.

Contact Bert McDowell Injury Law Today

If you’ve been injured in a car accident, slip and fall, workplace incident, or any other type of accident caused by negligence, don’t wait to seek legal help. Bert McDowell Injury Law is here to fight for your rights and ensure you receive the compensation you deserve. Call us today at 475-231-3274 to schedule your free consultation. You can also fill out our contact form to get started.

We take pride in serving clients across Connecticut and ensuring that their voices are heard in both settlement negotiations and in the courtroom. Let us put our experience and dedication to work for you.

 

© 2023 Bert McDowell
« Back to Glossary Index