In most Florida personal injury cases, there’s a common legal thread that connects the victim’s right to compensation with the defendant’s wrongdoing. That thread is negligence. At the heart of any negligence claim lies a fundamental concept: breach of duty.
Whether you’ve been hurt in a car crash, slip and fall, or any other personal injury incident, one of the first things we look for is whether the other party breached a duty of care. With a proper understanding of the concept, you can prove fault and secure appropriate compensation.
What Is a “Duty of Care” Under Florida Law?
Before we can talk about breach, we have to define the duty.
In Florida, a “duty of care” is a legal obligation to act with reasonable caution to avoid causing harm to others. This duty exists in many different situations.
- Drivers owe a duty to others on the road to follow traffic laws and operate their vehicles safely.
- Property owners have a duty to maintain their premises and warn visitors of hidden dangers.
- Doctors owe a heightened duty to their patients to provide care that meets medical standards.
- Businesses owe duties to consumers not to sell dangerous products or create hazards.
Florida courts have consistently held that when someone engages in conduct that could foreseeably harm another person, they assume a legal duty to act reasonably under the circumstances.
What Is a Breach of Duty?
A breach of duty occurs when someone fails to act as a reasonable person would in the same situation.
Let’s say a driver texts while driving and runs a red light, causing a crash. The driver breached the duty all drivers owe to drive attentively. Imagine a store with a leaking roof and no warning sign. If a customer slips and falls, the store may have breached its duty to maintain safe premises.
It’s not just about what someone did. Instead, it is often about what they failed to do. Not fixing a dangerous condition, not following procedures, or not exercising basic caution can all amount to a breach of duty.
How Do You Prove a Breach of Duty?
In Florida, to win a personal injury case, the burden is on the injured party. The injured party must prove that the defendant failed to meet their duty. This can be proven through:
- Eyewitness testimony
- Surveillance footage
- Accident reports or police documentation
- Expert opinions (especially in medical malpractice or product liability cases)
- Internal documents or maintenance records (in premises liability cases)
An experienced lawyer will conduct a thorough investigation to uncover evidence that helps show exactly how the defendant’s behavior fell short of what the law requires.
Real-World Examples of Breach of Duty in Florida Cases
To understand how this works in practice, here are a few examples from realistic scenarios:
- Slip and Fall: A grocery store fails to clean up a spilled drink in an aisle for over an hour. A shopper slips and breaks her hip. The store breached its duty by failing to maintain safe conditions.
- Car Accident. A driver was speeding 20 mph over the limit in a residential area. The driver strikes a pedestrian, causing injuries. The driver clearly breached the duty to drive safely in a residential area.
- Nursing Home Neglect. At a nursing home, staff fail to reposition a bed-bound patient, leading to severe bedsores. The facility breached its duty to provide standard medical care.
These situations often hinge on the ability to show the breach. This is precisely why you need skilled legal counsel to assist with a personal injury case.
What Happens After a Breach of Duty is Proven?
Once a breach is established, the next step is proving that the breach directly caused the injury and resulted in compensable damages. This proof could include:
- Emergency room visits
- Ongoing medical treatment
- Lost wages and diminished earning capacity
- Pain and suffering
- Emotional distress
- Loss of quality of life
An experienced personal injury lawyer will work diligently to prove fault. Your lawyer will build your case around the full scope of harm you’ve suffered. This is because your life and your future deserve to be made whole again.
Florida’s Comparative Fault Rule
Florida follows a modified comparative fault rule. If you were partially at fault for the incident, your compensation may be reduced by your percentage of fault. However, under Florida law, you can still recover damages as long as you were 51% or less at fault.
This makes it especially important to clearly establish the defendant’s breach of duty. This will help to minimize your share of liability and protect your financial recovery.
Contact Our Delray Beach Personal Injury Lawyers for Help Proving a Breach of Duty
If you’ve been injured in an accident in Florida and you suspect someone’s carelessness caused it, don’t wait to take action. Proving breach of duty is the cornerstone of any personal injury case. It requires legal experience, investigative resources, and strategic advocacy. At The Injury Law Firm, PA, our experienced Delray Beach personal injury lawyers are dedicated to protecting your rights and ensuring you get the compensation you need to move forward with your life.
Contact our Delray Beach personal injury lawyers today at (561) 800-4357 for a free consultation. We work on a contingency fee basis, so you won’t pay us unless you win your case. Let us help you move forward and get your life back after an accident.
