How to Demonstrate a Breach of Duty in Your Personal Injury Claim

In the eyes of the law, an accident isn’t just a stroke of bad luck, as it is often the direct result of something that has gone wrong. There’s a duty of care that goes along with anything in life, for example, there’s the legal obligation for drivers to stay alert, shop owners to keep floors dry and doctors to remain diligent. Proving that there was a breach of duty is essential for a personal injury claim.

To secure the justice and compensation you deserve, you must start to prove that your personal injury wasn’t your fault and was caused by someone breaking their duty of care. This can be difficult, but with help of personal injury solicitors in Liverpool and the rest of the UK, you can get the compensation you deserve if your injury was caused by someone else’s negligence. Continue reading this guide to find out more.

Establishing a Duty of Care

Before you can prove a breach, you must first establish that the other party owed you a duty of care in the first place. This is usually determined by the relationship between the parties:

• Drivers owe a duty to others on the road to follow traffic laws.
• Property Owners owe a duty to visitors to keep the premises safe.
• Doctors owe a duty to patients to provide a standard of care.

Define What Counts as a Reasonable Person

The court looks at whether the defendant’s actions mirrored what a reasonable person would have done in the same situation, as this will make them liable for the duty of care. A breach occurs when the defendant’s conduct falls below this standard, so it’s important that you talk with professionals like those at Bond Turner to see if you have a valid case.

An example of this is that a reasonable person would stop at a red light. If the defendant sped through it and ended up hitting you, they have breached their duty and would be liable to owe you compensation for any injuries that you have suffered.

Gather Your Evidence

Demonstrating a breach of duty is essentially an exercise to show the exact moment the safety rules were ignored. You need to build a strong portfolio of visual proof, such as dashcam footage of a reckless lane change or photos of a grocery store spill lacking a wet floor sign, alongside physical evidence like skid marks that indicate illegal speeds.

Police reports citing a specific traffic violation or a building inspection revealing a clear code failure can also increase the chances of your claim being accepted. Putting these pieces of evidence together allows you to make your claim more concrete, as you give the opposition less chance to deny their negligence.

Proving Causation

You must also prove that their specific breach was the direct cause of your injuries, as it needs to be their fault if you are going to get compensation. If they were speeding but you were injured because of an unrelated mechanical failure in your own car, the breach might not be legally causal. This could ruin your claim, so it’s important to establish if causation was present.