Exploring the Duty of Care Requirement
“Accidents happen.” It’s a phrase we have heard uttered probably dozens of times, and maybe even said ourselves. If someone is injured in an accident, it means no one was willfully trying to hurt them. But when presented with a personal injury case, the court will need to uncover who is responsible, which involves exploring the duty of care requirement and figuring out if a party failed to reasonably fulfill this duty.
What Is the Duty of Care Requirement?
The duty of care requirement states that a person has a responsibility to exercise reasonable care toward others to avoid causing injury. For example, when you walk into a store that has freshly-mopped floors, you will often see a large, yellow sign that says something like “Caution – Slippery When Wet” placed near the wet area. The store owner has a duty to use reasonable care keeping his customers from harm, so he warns them that the floor has just been mopped and therefore could be slippery.
In cases where a person is found responsible for an injury to another person, it is because they failed to meet the duty of care requirements, and were instead considered negligent. To use the example from above, a store owner who mops the floor but does not display a sign warning customers of his slippery floor is not using reasonable care. If a customer falls and hurts himself, he could sue the store owner for being negligent by not warning the floor can be slippery when it is wet.
Because all people are required to meet duty of care standards, they can be held responsible for their own negligence, even if they weren’t purposely trying to hurt someone. When you’re in a car accident that was caused by another driver’s careless actions, you may even believe that the other driver didn’t mean to injure you or wreck your car. But now you are hurt and your car is totaled, all because someone else was not driving responsibly. Does that mean you should have to pay?
Failure to Act Under “Duty of Care” Requirement
If you’re injured in an accident, you could be on a long road to recovery, which means you could be facing large medical bills and lost wages. Before you find yourself in such financial straits, you may want to contact a personal injury attorney. If your accident was caused by another person’s failure to act responsibly, you could be entitled to compensation.
The personal injury attorneys at Udall Shumway, PLC are here to help. To discuss your options, contact us today.
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you or someone you know wishes to seek the help of an experienced personal injury attorney regarding Duty of Care, or other personal injury matters, call Mesa AZ Personal Injury Attorney Clark R. Richter at 480-461-5321 or contact him at firstname.lastname@example.org for a free consultation to discuss your rights and options. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.