There may be no question that you got seriously injured and incurred severe economic and non-economic damages after an accident. But this may not be enough for a valid and successful personal injury claim. That is, an essential element is that the defendant you chose to pursue legal action against must have owed you a duty of care. Then, once they breached their duty of care, you got injured and suffered damages. With that considered, please read on to discover how to prove that the defendant owed you a duty of care and how one of the seasoned Panama City personal injury attorneys at Manuel & Thompson, PA, can help you satisfy what you owe as a plaintiff to the civil court: a burden of proof.
What does it mean when someone owes me a duty of care?
By legal definition, a duty of care is an individual or entity’s obligation to act reasonably to avoid harming others. To reiterate, in a personal injury claim, establishing that the defendant owed you a duty of care is the first critical factor to tackle. Nonetheless, examples of when someone might have owed you a duty of care are as follows:
- A driver has a duty of care to operate their vehicle safely on the public road they share with you.
- A property owner has a duty of care to clear their premises of any hazards before welcoming you to enter.
- A medical professional has a duty of care to meet medical standards while treating you as their patient.
- A manufacturer has a duty of care to ensure a product is safe before making it available to consumers like you.
How do I prove a duty of care existed in my personal injury claim?
You cannot simply claim that the defendant of your personal injury case owed you a duty of care without the proper evidence to back it up. For example purposes, say that you were made the victim of a car accident.
First, you must establish the relationship between you and the defendant. That is, you and the defendant may have been two drivers on the same road at the same time. Or, you may have been the passenger in the defendant’s care at the time of your accident. Either way, the defendant had a responsibility to practice safe driving.
Then, you must argue that the defendant knew or should have reasonably known that their driving behaviors and actions could cause harm. Here, you may have a copy of the police report and breathalyzer test results conducted at the scene, noting that the driver was under the influence of drugs or alcohol. Or, eyewitness testimony, noting that the driver was speeding.
Lastly, you must reference federal and state rules and regulations that confirm that the driver failed to meet the standard level of care on the road. For one, you may mention that the legal blood-alcohol content limit (BAC) level is 0.08 percent. Secondly, you may cite the enforced speed limit in the area where your accident took place.
To conclude, there is no need to go through the important step of presenting your case alone. Please seek the support and assistance of one of the competent Panama City personal injury attorneys. Contact Manuel & Thompson, PA today.
