‘Duty of Care’ in an Accident
Accidents can take form in many ways – some of life’s daily routines and others by the actions of a negligent individual – that causes an innocent person injuries and even death. Accidents can range from a slip and fall to a vehicle crash tragedy, despite the facts that led to the accident, deciding who will be held liable for the accident is looked at in one way: Was there careless action exercised by the individual involved in the accident which caused it, or did the individual’s involved in the accident exercise reasonable care? In other words, when determining liability in an accident, the main question that is asked is “was the individual negligent?”.
For a personal injury claim to take its course, there must be key elements involved in the accident. A personal injury accident attorney can inform their clients of what will be needed to show that they have a valid personal injury claim. Victims of accidents that believe someone was at fault for their injuries may have the possibility of filing a lawsuit if they suffered damages from that accident. Any type of accident can cause serious injuries and even lead to someone’s death. These injuries can leave the individual with immense financial burden and emotional trauma, along with their families. For this reason, laws have been created to protect these victims from having to pay for those damages themselves and hold those responsible for the accident legally liable.
Duty of Care
For cases involving personal injuries, legal liability can be based on whether a “duty of care” should have been given to the victim of the accident. Because some individuals should not be at a certain location when they experience an accident, the property owner may not have any duty of care towards the individual because they should not have been there in the first place.
For example: A person who is shopping at a jewelry store does not see any employees around to help him with a purchase. He begins to walk around the store and see a door that says “employee’s only”. He enters the door to see if he finds anyone, but instead trips and falls on an object that was in the way. In this case, the person would have a difficult time to establish a personal injury claim because he was in a place where he was not supposed to be in the first place. He ignored the “employee’s only” sign that was placed to prevent customers from entering.
With the case above, the owner of the property has no duty to the customer because they disregarded the sign. The victim who fell would have had the opportunity to file a claim against the property owner had there been no sign displayed on the door. Most accidents lead to whether there was a duty of care or not required by the defendant.