What Does Duty of Care Mean?
A duty of care is a legal responsibility to use reasonable caution so others are not needlessly harmed. It does not require people to prevent every possible accident. Instead, it requires them to act as a reasonably careful person would under similar circumstances.
Duties of care show up in everyday life throughout Oklahoma City.
For example:
- Drivers must pay attention, obey traffic laws, and adjust for road conditions.
- Store owners may need to clean up spills or warn customers about hazards.
- Dog owners may need to control their animals.
- Trucking companies may need to inspect vehicles and hire qualified drivers.
- Nursing homes may need to provide reasonable care and supervision.
- Product manufacturers may need to avoid selling unsafe products.
The duty depends on the relationship between the parties and the facts of the situation. Still, the basic idea is similar: people and businesses must take reasonable steps to avoid foreseeable harm.
How Can Someone Breach a Duty of Care?
Breach of duty happens when someone fails to meet the duty of care they owed. In plain terms, it means the person or business acted carelessly, ignored a known risk, or failed to do something a reasonable person would have done.
A breach can involve action or inaction. A driver may breach a duty by running a red light. A business may breach a duty by failing to fix a broken handrail. A company may breach a duty by letting an unsafe employee operate heavy equipment.
Breach of duty is not proven simply because someone was injured. The injured person generally must show that the other party’s choices fell below the required standard of care.
What Are Examples of Breach of Duty in Oklahoma City Personal Injury Cases?
Breach of duty can appear in many types of personal injury claims.
In Oklahoma City, examples may include:
- A driver texting before rear-ending another car on I-35
- A motorist speeding through a yellow light near a busy intersection
- A store employee failing to place warning signs around a wet floor
- A property owner ignoring poor lighting in a parking lot
- A landlord failing to repair loose steps after being told about the problem
- A dog owner letting an aggressive dog roam without control
- A nursing home failing to respond to a resident’s fall risk
- A trucking company skipping required maintenance
- A manufacturer selling a product with a dangerous defect
These examples can help explain breach, but they do not automatically prove a case. The injured person still has to connect the careless act to the injury and show the losses that followed.
For instance, a store’s failure to clean up a spill may be a breach of duty. However, the injured customer would still need evidence that the spill caused a slip or fall and that the fall caused their injuries.
How Do You Prove Breach of Duty?
Proving breach of duty usually comes down to evidence. The stronger the evidence, the easier it may be to show what happened and why the other party’s conduct was unreasonable.
Helpful evidence may include:
- Police reports
- Incident reports
- Photos of the scene
- Videos from phones, dashcams, or surveillance systems
- Witness statements
- Medical records
- Vehicle damage
- Skid marks or debris patterns
- Maintenance logs
- Inspection records
- Safety policies
- Employee training records
- Cellphone records
- Expert opinions
Some evidence is available only for a short time. Businesses may record over surveillance footage. Vehicles may be repaired or destroyed. Hazardous conditions may be cleaned up before anyone documents them. Witnesses may also forget details as time passes. A clear record can help show not only that an accident happened, but also why it happened.
What If More Than One Person Breached a Duty?
Some accidents have more than one cause. More than one person or company may have made a careless choice that contributed to the same injury.
Oklahoma uses a modified comparative negligence rule. This means an injured person’s compensation may be reduced by their percentage of fault. However, recovery may be barred if the injured person is 51% or more responsible for their injuries.
This rule makes fault disputes especially important. If an insurance company can shift blame onto the injured person, it may reduce what it has to pay. Evidence can help show each party’s role and protect against unfair blame.
How Long Do I Have to File a Personal Injury Lawsuit in Oklahoma?
In most Oklahoma personal injury cases, the deadline to file a lawsuit is two years from the date of the injury. This deadline is known as the statute of limitations. Some claims may involve different rules. Cases involving government entities, minors, or unusual facts may require a separate review of deadlines.
Contact an Oklahoma City Personal Injury Lawyer at McIntyre Law to Schedule a Free Consultation Today
If you were hurt in Oklahoma City and believe another person or business failed to act with reasonable care, McIntyre Law can help you sort through what happened.
Contact the firm today at (405) 917-5200 to schedule a free consultation and speak with an Oklahoma City personal injury attorney to learn more about your next steps.