Picture yourself driving down a busy street in San Pedro, following traffic laws and staying alert. Suddenly, a distracted driver runs a red light and crashes into your vehicle. Leaving you with physical injuries, property damage, and emotional distress—all because someone failed to exercise reasonable care. In legal terms, this is known as a breach of duty, one of the key elements in a negligence claim.
In personal injury cases, a breach of duty occurs when a reasonable person fails to uphold the legal duty to prevent foreseeable harm. Victims have the right to seek fair compensation, whether it’s a reckless driver, a negligent property owner, or a careless healthcare provider. However, proving that the duty of care was violated requires strong legal representation and understanding the legal process.
At Farahi Law Firm, we fight for accident victims to ensure they receive the medical treatment they need and the money they deserve. Our team helps clients navigate the complexities of duty of care, prove negligence, and secure the maximum compensation possible.
The Legal Elements of a Breach of Duty Claim
According to the National Library of Medicine, to establish a breach of duty in a negligence action, an injured party must prove four key elements of negligence:
- Duty of Care Owed – The defendant had a legal duty to act in a reasonably safe manner.
- Breach of Duty – The defendant failed to uphold their duty of care, creating an unreasonable risk of harm.
- Causation – The breach directly caused foreseeable harm to the victim.
- Damages – The victim suffered monetary compensation losses, such as medical expenses, lost wages, or emotional injury.
How Duty of Care is Determined
The standard of care expected in a case depends on the relationship between the parties and the situation:
- Drivers must follow traffic laws to avoid auto accidents and property damage.
- Property owners must maintain safe premises to prevent slip-and-fall injuries.
- Healthcare providers must meet the standard of care in medical treatment.
If a prudent person in a similar position would have acted differently to avoid potential harm, the defendant may be held liable. Proving this requires legal advice, strong medical records, and, often, an accident report to establish facts.
Common Examples of Breach of Duty in Personal Injury Cases
A breach of duty can occur in various situations, affecting accident victims across California. When a negligent party fails to meet the standard of care expected. Below are some of the most common negligence claims our clients encounter:
Car Accidents & Reckless Driving
Drivers have a legal duty to follow traffic laws, avoid distractions, and drive safely. When a motorist fails to uphold their duty of care, it can result in severe crashes, leaving victims with brain injuries, spinal cord injuries, and other catastrophic damages. Examples include:
- Running red lights or failing to yield
- Driving under the influence (DUI)
- Texting while driving or engaging in reckless behavior
Slip-and-Fall Accidents Due to Unsafe Premises
Property owners owe visitors a duty to maintain safe conditions. If hazards are ignored, leading to a Slip-and-Fall accident, they may be liable under premises liability laws. Common hazards include:
- Wet floors without warning signs
- Broken handrails or unsafe stairs
- Poorly lit walkways cause tripping hazards
Workplace Accidents & Employer Negligence
Employers must provide a safe working environment for their employees. If they fail to meet safety standards, serious accidents can occur due to:
- Lack of protective gear or safety training.
- Exposure to hazardous materials.
- Ignoring reasonable care in high-risk workplaces.
How Insurance Companies Try to Deny Breach of Duty Claims
Even when clear negligence exists, insurance companies often try to avoid paying fair settlements by disputing the claim. They use the following tactics to minimize payouts:
- Shifting Blame to the Victim (Comparative Negligence)
Insurers may argue that the victim contributed to the risk of harm by being careless. For instance, in auto accidents, they might claim:
- The victim was speeding, reducing fair compensation.
- They failed to wear a seatbelts, worsening their physical injuries.
- The victim was distracted (e.g., using a phone or adjusting the radio), contributing to the accident and reducing the claim’s value.
- Disputing the Level of Care Owed
Insurance adjusters frequently challenge whether the negligent party owed a duty of care. For example, a property owner may claim they didn’t know about a hazard, or a doctor may argue the patient’s condition wasn’t foreseeable harm.
- Downplaying Injuries & Delaying Payments
- They may demand excessive medical records to stall the claim.
- They argue that a victim’s injuries weren’t severe enough for maximum compensation.
- They claim pre-existing conditions caused the damage, not the accident victim’s injuries.
Proving Breach of Duty: Evidence That Strengthens Your Case
Winning a negligence claim requires strong evidence proving the breach of duty led to your injuries. At Farahi Law Firm, we help clients build compelling cases by collecting and analyzing key forms of proof, ensuring maximum compensation for their suffering.
Key Evidence to Support a Breach of Duty Case
- Police Reports & Accident Reports – Official documentation of the accident scene, identifying the negligent party and possible violations of legal duty.
- Medical Records & Expert Testimony – Proof of physical injuries, treatment plans, and healthcare providers’ statements validating the harm’s severity.
- Witness Statements – Testimonies from bystanders, passengers, or coworkers who saw the event unfold.
- Video Footage & Photos – Surveillance camera footage, dashcam recordings, or photos from the accident scene showing the risk of harm.
- Employment & Wage Records – Demonstrating loss of income due to injuries affecting work capacity.
Why Evidence Matters: The Numbers Speak for Themselves
According to the National Highway Traffic Safety Administration (NHTSA), in 2022 alone, 42,795 people lost their lives in motor vehicle crashes, with millions more suffering injuries. The Centers for Disease Control and Prevention (CDC) reports that medical costs and lost productivity from non-fatal injuries total over $456 billion annually in the U.S.
If you’re having difficulties proving a breach of duty, our expert legal team in San Pedro is ready to fight for your rights. If you’ve suffered due to negligence, let us handle the legal complexities while you focus on recovery. Contact Farahi Law Firm today for a free case review!
Legal Remedies: What Compensation Can You Seek in a Breach of Duty Case?
Victims of breach of duty can seek monetary compensation for the damages suffered. The type of compensation depends on the level of care violated and the extent of injuries sustained.
- Economic Damages (Tangible Losses)
- Medical expenses – Hospital bills, rehabilitation costs, and ongoing treatments.
- Property damage – Repairs or replacements for damaged vehicles and belongings.
- Lost wages – Income lost due to missed work.
- Non-Economic Damages (Intangible Losses)
- Pain and suffering – Compensation for emotional injury, physical pain, and mental distress.
- Loss of enjoyment of life – Compensation for permanent disabilities affecting daily life.
- Loss of consortium – For spouses or family members suffering due to a loved one’s injuries.
- Punitive Damages (For Extreme Negligence or Reckless Behavior)
In cases involving gross negligence—such as drunk driving or severe medical malpractice—courts may award punitive damages to punish the negligent party and prevent future misconduct.
Take Legal Action & Protect Your Rights
A breach of duty can leave victims with severe physical injuries, emotional trauma, and financial losses. Whether caused by a reckless driver, negligent property owner, or careless medical professional, failing to uphold the duty of care can result in life-changing consequences.
You don’t have to fight alone if you or a loved one has suffered due to negligence. At Farahi Law Firm, we are committed to holding negligent parties accountable and securing maximum compensation for accident victims. Our team ensures you receive the medical treatment you need and the money you deserve while navigating the complex legal process on your behalf.
Let us fight for your rights and help you recover the compensation you deserve. Call us now or fill out our online consultation form to get started. Contact Farahi Law Firm today for a free case review.
