You and your Las Vegas personal injuries lawyer must prove that negligence caused the injury. To be considered negligent, another party must have owed the victim (plaintiff) a duty to care.
What is Duty of Care?
A duty of care is an individual’s legal obligation in law to exercise the same “reasonable care” as another person in the same situation. It distinguishes between a preventable and an unavoidable accident. The amount of duty of care that a person owes depends on the facts of each case. It also depends on what a reasonable person would do in the same situation. Neglect-based personal injury lawsuits can only be successful if the defendant owed plaintiff a duty to care when the injury occurred.
Examples of Duty of Care
Here are some examples of parties who owe another party a duty to care:
Drivers
Drivers owe other drivers a duty to observe traffic laws. This includes obeying speed limits, stopping at red lights and using turn signals.
Property owners
Property owners are responsible for the safety of all visitors to their premises. The length of care a property owner must take to protect visitors depends on their setting and the visitor’s status. A trespasser, for example, will not be given any care while customers in a retail shop must receive a high standard of care.
Healthcare professionals
All healthcare providers (hospitals, doctors, nurses) have a high duty to their patients. They must also possess the same skills and extend the same level of care as other healthcare providers in the community.
Manufacturers
The duty of care is on the part of companies that sell products to consumers. This includes making sure products are safe when used as intended, and warning consumers about potential dangers.
Commercial Trucking Companies
Commercial vehicle companies have a duty to care for their employees and others on the roads. They must ensure that drivers are properly trained and licensed and that they are allowed to drive for a maximum of 40 hours per day.
Breach of duty of care
You must prove that the defendant violated their duty to care if you are able to establish that you were owed a duty by another party in a situation that led you to injury. The defendant did not behave in a reasonable manner under similar circumstances. They are therefore responsible for your injuries. Voicives are some examples of breaching the duty of care:
- Driver running a red light, crashing into your car.
- Failure by a property owner to correct a known danger (e.g., spillage on the floor that has been there two hours)
- A manufacturer distributing a defective product.
- A truck company that allows truck drivers to drive longer hours than the law requires without a break.
You can sue another party for injury if you prove that they owed you a duty to care. You must prove that your injury was directly related to their carelessness and that you suffered damages.
Harris & Harris Injury Lawyers published the post Duty Of Care in a Nevada Personal Injury Case.