What is Breach of Duty in a Texas Personal Injury Claim?

Personal injury cases in San Antonio begin with someone being injured in an accident that is caused by someone else’s negligent behavior. After the injury, the injured party can decide to contact a lawyer and file a personal injury claim. Then they must file what is called a demand package. This package outlines the essence of what the injury case is about, and who it is between. Once received, the defense can choose to accept, deny, or make a counteroffer. If the demand is not accepted, then your attorney will file a lawsuit to seek damages. Once the lawsuit begins, you and your lawyer must be able to prove that “negligence” on the defendant’s behalf is what caused your injury.

You will need a San Antonio accident attorney to help make the best case, and you need someone with experience. At Carabin Shaw, we have served the San Antonio community for over 25 years and will fight for you. If you’ve been searching for a “personal injury attorney near me,” we can help. There are three basic tenets of negligence that must be proven in a personal injury case:

1. Prove that the defendant owed a duty of care to the plaintiff.
2. Prove that the defendant breached that duty of care.
3. Prove that the breach of duty of care caused the injury.

A personal injury attorney San Antonio can help you prove the validity of your personal injury claim. In this article, we are going to answer the question, “what is breach of duty in a Texas personal injury claim?’

Duty of care is defined as, “legal responsibility of a person or organization to avoid any behaviors or omissions that could reasonably be foreseen to cause harm to others.” In other words, the duty of care is a legal responsibility to ensure that people do not intentionally harm each other or intentionally create situations that could bring harm to others. Generally speaking, people owe each other a duty of care in most circumstances. Our society and laws expect that we will not intentionally harm one another under normal circumstances.

Once it is established that there was a duty of care owed to the plaintiff by the defendant, your personal injury attorney San Antonio must prove that the defendant breached that duty of care. Breaching duty of care requires that the defendant somehow created a dangerous situation or intentionally allowed something dangerous to happen beyond what people would normally encounter day to day.

Breach of duty of care is generally based on the question of whether the defendant could have reasonably foreseen the potential harm to the plaintiff and whether or not they could have prevented it.

A common example of breach of duty of care comes from slip and fall cases. If there is a spill in a San Antonio store, and the store is aware of it but does not take reasonable action to clean it up in a timely manner and someone slips and is injured, this constitutes breach of duty of care.

Another clear-cut duty of care example is the speed limit. Cars on the road have a duty of care to obey speed limit signs and drive cautiously. If a driver is driving above the speed limit and causes an accident, it will most likely be proven that they breached their duty of care owed to other drivers. Contact a San Antonio accident attorney if you believe someone breached their duty of care owed to you.

If you have been injured and you’ve been wondering, “who is the best personal injury attorney near me?”, you can count on us. Carabin Shaw has recovered over $500 million for our clients and we are on your side. To speak to an attorney, call us today at 210-222-2288.