Understanding What is a Breach of Duty

Almost way too often, we come across instances where one person owes another a duty of care in nearly every aspect of our everyday lives. So, what exactly is a breach of duty? To put it simply, a breach occurs when someone disobeys their duty of care. Although this breach may not always result in damage, when it does, the victim may have to deal with severe injuries, high medical costs, and loss of finances if they are unable to work. Get in touch with a lawyer to learn more about your legal options in the event of a breach of duty.

Breach of Duty:

In Houston, duty of care refers to the requirement that a person take reasonable steps to avoid endangering others. Depending on the context and the person’s role, different behaviors will fall under this duty of care. The standard of care that a driver must follow when operating a vehicle is different from the standard of care that a doctor must uphold while providing care to patients.

However, both of these responsibilities of care have the same ultimate objective, which is to reduce the possibility of harm by prioritizing the security and welfare of others.

Duty of care of a driver:

It’s the responsibility of drivers to be as responsible as possible when they hit the road and follow traffic laws, maintain safe speed and distance, and consider the weather and road conditions. A driver’s duty of care will also include safe driving by being sober, alert, and aware of surroundings. Some examples by which a driver may breach their duty of care by running red lights, tailgating, speeding, weaving in traffic, making angry gestures, or brake checking.

Doctor’s duty of care:

A standard of care must be provided by doctors to their patients by law. They have a duty of care to act responsibly. What are their duties? Doctors may perform surgery, propose therapy, order testing, refer patients to specialists, or prescribe medications as part of their duty of care. Determining negligence when a doctor violates their duty of care can be challenging, and it may be challenging for injured patients to pinpoint the exact time at which the recognized norm was violated. But a lawyer may be able to help you with that. 

Final thoughts:

Did you get injured because of someone else’s negligence or breach of duty? Hire a lawyer today to recover the damages you suffered. 

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