If you’ve been injured due to someone else’s actions or lack of action, you may be wondering whether that person is responsible for your injuries and losses. They may be liable for damages if they breached their duty of care.
In Middletown, NY, and throughout New York State, understanding the concept of “breach of duty” is essential for anyone considering a personal injury claim. This guide explains what constitutes a breach of duty, how it is proven, and what you need to know to protect your rights.
What Is Breach of Duty in a New York Personal Injury Case?
Someone breaches a duty of care when they do not act with the level of care that a reasonable person would use in similar circumstances. Establishing that a party breached its duty of care is a key element in proving negligence in personal injury cases.
How Does Breach of Duty Relate to Negligence for Personal Injury Claims?
Proving a party was negligent requires you to have evidence establishing:
- The party had a duty of care.
- The party’s action or inaction breached their duty of care.
- The breach actually caused the harm, and the harm was a reasonably foreseeable result.
- The victims sustained injuries and incurred damages because the party breached its duty.
Failing to meet a reasonable standard of care or a required standard of care can result in liability for harm to another party.
Common Examples of Breach of Duty
There are many ways a party may breach a duty of care.
Examples include, but are not limited to:
- A store owner is aware of a broken step but fails to repair it or warn customers, resulting in a fall.
- A contractor requires employees to use defective equipment to perform work, leading to an injury.
- A driver is texting while driving and swerves into an oncoming lane.
- A restaurant owner fails to keep food at the required temperatures, resulting in food poisoning.
- A hotel owner does not address reports of bed bugs in the rooms, causing harm to guests.
If you believe someone’s failure to act reasonably caused your injury, it is essential to understand your rights and the legal standards that apply. Contacting an experienced personal injury attorney can help you build a strong case and seek the compensation you deserve.
How Is Breach of Duty Determined in Middletown, NY?
Courts in Middletown and throughout New York use the “reasonable person” standard to determine whether a breach of duty occurred. In many cases, jurors determine how a reasonably prudent person would have acted given the same circumstances. The jurors assess the defendant’s conduct against the “reasonable person” standard.
If the defendant’s conduct falls short, the jurors might decide the defendant breached the duty of care. Evidence such as accident reports, witness statements, surveillance footage, and expert testimony is often used to prove that a defendant’s actions fell short of the reasonable person standard.
In some cases, a party may need to meet a specific standard of care. For example, medical providers are required to meet the standard of care that is acceptable under the circumstances. Medical experts are used to determine the medical standard of care for a given situation.
Recovering Damages for a Breach of Duty in Middletown, NY
Damages for a breach of duty depend on the factors involved in the negligence claim.
However, many personal injury cases result in economic and non-economic damages that may include:
- The cost of medical treatment and rehabilitative care, including personal and/nursing care
- Loss of enjoyment of life and quality of life
- Out-of-pocket expenses
- Pain and suffering
- Impairments and disabilities
- Diminished earning capacity, including lost wages and employment benefits
- Emotional distress and mental anguish
- Scarring and disfigurement
Some personal injury victims may be eligible for punitive damages. They are rare and require clear evidence of willful or egregious conduct under New York law.
Defenses to Breach of Duty and Negligence Claims in New York
Defendants may raise one or more defenses to allegations that they breached their duty. One example is related to New York’s pure comparative negligence rule.
They may claim that the victim is partially responsible for their accident. Under New York law, a party who contributes to the cause of their injury generally may not recover full compensation for damages. Instead, the court typically reduces the damage award by the percentage of fault assigned to the victim. Recovery may be potentially barred if a victim is 100% at fault.
For instance, if a jury decides you are 40% to blame for causing your car crash, the judge could potentially reduce your damage award by 40%.
Contact Our Middletown Personal Injury Lawyers at Rolo Law Personal Injury Lawyers for a Free Consultation
Issues related to breach of duty are complicated elements of a personal injury case. Before making decisions that could impact the outcome of your claim, talk with a Middletown personal injury lawyer. Call Rolo Law Personal Injury Lawyers at (845) 383-7790 for a free consultation.
