Duty of Care
In the course of a personal injury law suit, you might hear the phrase "duty of care." According to Minnesota law, to win a personal injury case, you have to prove you received an injury because somebody breached a duty of care that they owed you. You can think of duty of care as the responsibility that someone has to another person or the public to behave with "the watchfulness, attention, caution and prudence that a reasonable person in the circumstances would." (law.com) Even though it might seem obvious that someone breached a duty of care, it is not always easy to prove. In some cases, expert witnesses might need to be called, especially if the case involves medical malpractice. This is one reason why you need an experience Minnesota personal injury attorney if you have been hurt. Following are some examples of duty of care and how it might be breached.
Driver's Duty of Care
Because so many people operate motor vehicles, it seems that most people should be familiar with what a driver's duty of care is. Unfortunately, this is not always the case. Every year, countless people are injured or killed because drivers often breach their duty of care through negligence such as driving while intoxicated, texting while driving, speeding, or simply being inattentive. And when drivers do not exercise their duty of care, people get hurt.
Property Owner's Duty of Care
If a property owner fails to clear snow and ice from their sidewalk, they neglect their duty of care to prevent slip and fall injuries. Likewise, when a store clerk leaves a shopping aisle cluttered or slippery from a spill, they are failing in their duty of care to the store customers. There are other ways property owners can be negligent in their duty of care, such as failing to provide appropriate lighting or remove trip hazards. Sometimes, though, whether a property owner has a duty of care is not always obvious. That is why you need to consult an attorney if you are hurt on someone else's property.
Physician's Duty of Care
If a doctor fails to diagnose whether a lump is benign or cancerous, is that a breach of a duty of care or something else? Because of the complex nature of their profession, it is not always obvious to a layperson when physicians breach their duty of care. To determine whether an injury took place because of an illness or from a physician's negligence requires the witness of an expert. If you have been hurt from medical malpractice, you need a Minnesota medical malpractice attorney to represent you. An experienced medical malpractice lawyer can wade through the complexities of a medical malpractice case and help you get the compensation you deserve.
Scratching the Surface
These examples barely begin to explore the means in which duty of care can be breached. Unfortunately, for every way a duty of care can be breached there's a way that someone can be injured. If you have been injured, consult with a Minnesota personal injury lawyer. The legal system is complex, but an experienced attorney can guide you through the maze and help get you the compensation you deserve.
Driver's Duty of Care
Because so many people operate motor vehicles, it seems that most people should be familiar with what a driver's duty of care is. Unfortunately, this is not always the case. Every year, countless people are injured or killed because drivers often breach their duty of care through negligence such as driving while intoxicated, texting while driving, speeding, or simply being inattentive. And when drivers do not exercise their duty of care, people get hurt.
Property Owner's Duty of Care
If a property owner fails to clear snow and ice from their sidewalk, they neglect their duty of care to prevent slip and fall injuries. Likewise, when a store clerk leaves a shopping aisle cluttered or slippery from a spill, they are failing in their duty of care to the store customers. There are other ways property owners can be negligent in their duty of care, such as failing to provide appropriate lighting or remove trip hazards. Sometimes, though, whether a property owner has a duty of care is not always obvious. That is why you need to consult an attorney if you are hurt on someone else's property.
Physician's Duty of Care
If a doctor fails to diagnose whether a lump is benign or cancerous, is that a breach of a duty of care or something else? Because of the complex nature of their profession, it is not always obvious to a layperson when physicians breach their duty of care. To determine whether an injury took place because of an illness or from a physician's negligence requires the witness of an expert. If you have been hurt from medical malpractice, you need a Minnesota medical malpractice attorney to represent you. An experienced medical malpractice lawyer can wade through the complexities of a medical malpractice case and help you get the compensation you deserve.
Scratching the Surface
These examples barely begin to explore the means in which duty of care can be breached. Unfortunately, for every way a duty of care can be breached there's a way that someone can be injured. If you have been injured, consult with a Minnesota personal injury lawyer. The legal system is complex, but an experienced attorney can guide you through the maze and help get you the compensation you deserve.
Source...