Duty of care and premises liability: 2 types of negligence claims
November 12, 2019
From slip-and-fall claims to auto crashes, there is no limit to the variety of accidents that can cause personal injury. When an individual’s negligence is the cause of another person’s injury, the injured person might have the right to file a personal injury claim against the neglectful party.
Duty of care and premises liability are two common types of negligence that can result in a personal injury claim.
Duty of care
In the U.S., citizens have a legal duty to act responsibly in order to prevent injury to others. If a person fails to meet the obligatory level of reasonable care under the circumstances, he or she might become liable for their actions.
When the negligent party breaches this duty of care, then the injured party has the right to pursue a claim. In order for a case to be heard, the injured must prove:
- There was a duty of care
- The defendant breached the duty of care
- There were damages
- The breach caused those damages
Three common examples of situations that can classify as breach in duty of care include:
- Drunk driving auto accidents
- Medical malpractice
- Canine attacks
Premises liability occurs when unsafe or defective situations on a property result in an injury. The property owner can be liable due to their failure to use reasonable care on the property.
A negligence claim can be filed against a property owner if the owner is liable, but not all injuries are covered under this approach. The injured must be able to prove that the owner was aware that the property was in an unsafe state and failed to take responsibility or action.
Three common examples of premises liability include:
- Swimming pool drownings
- Slip-and-fall claims
- Fires, flooding or toxic fumes
Next steps if you are injured due to negligence
Duty of care and premises liability are two types of negligence claims that are fairly common. If a person believes that he or she was injured due to a breach of duty, the first step is to organize all information available regarding the case and then contact a personal injury lawyer.
A personal injury lawyer can help you decide if the case evidence is strong enough to stand in court. The next step is to file a complaint against the defendant. Once both parties are involved, the pre-trial process begins, and the information supporting the cases will be processed in court.
If you or a loved one has been injured due to a breach of duty or premises liability, contact us today to schedule a free consultation and get the Results You Deserveâ.