Duty of care in a personal injury case is a legal term that arises when holding someone else accountable. Did the person, whose actions resulted in another person's harm, owe the other person a duty of care7
The New York Bar Association explains that the law imposes a responsibility on persons and companies. It requires them to refrain from acting in a way that would cause foreseeable injury to someone.
Motorists owe other motorists a duty of care, which involves obeying traffic laws and keeping a proper lookout upon the roadway. Courts expect people to take "reasonable care" to avoid injuring someone else. Depending on the situation, the duty of care might differ.
For example, when a shopper enters an area of a store marked "Employees Only," the store no longer owes them a duty of care. If they slip on a wet floor and suffer injury after entering an area designated for employees, the store may not be liable.
However, if a shopper is buying groceries and steps on a broken tile in a customer area, the store owes the shopper a duty of care. The store must ensure the floors are safe, if they knew or should have known about the broken tile in the exercise of due care, but failed to put up a sign to warn shoppers or repair it in a timely manner.
Do you suspect someone else ignored their duty of care in a personal injury case? Sackstein, Sackstein & Lee, LLP provides a free consultation to review your accident and determine whether grounds exist for a lawsuit. Call us:516-248-2234 and 718-539-3100 or reach out to us through our contact form.