WHAT IS A BREACH OF DUTY IN CALIFORNIA?
Negligence is a common law tort that arises when someone breaches their duty of care to another person, resulting in harm or injury. In California, negligence claims require the plaintiff to prove that the defendant owed them a duty of care, breached that duty, and caused them harm as a result. In this article, we will discuss what a breach of duty is regarding negligence in California.
What is the Duty of Care?
The duty of care is a legal obligation to act reasonably in order to avoid harming others. In California, a duty of care arises when there is a foreseeable risk of harm to others. The duty of care owed by a defendant depends on the circumstances of the case, including the relationship between the parties, the nature of the risk, and the foreseeability of harm.
For example, a doctor owes a duty of care to their patients to provide competent medical treatment, while a store owner owes a duty of care to their customers to keep their premises safe and free from hazards.
What is a Breach of Duty?
A breach of duty occurs when someone fails to act with the level of care that a reasonable person would have exercised in similar circumstances. In other words, if the defendant's conduct falls short of the standard of care required of them, they have breached their duty of care.
For example, if a doctor fails to diagnose a serious medical condition that a competent doctor would have diagnosed, they may be liable for breaching their duty of care to their patient.
What Must Be Proven to Establish a Breach of Duty in California?
To establish a breach of duty in California, the plaintiff must prove the following elements:
The defendant owed the plaintiff a duty of care.
The defendant breached their duty of care.
The plaintiff suffered harm as a result of the defendant's breach.
The plaintiff must also show that the defendant's breach of duty was the proximate cause of their harm. In other words, the harm suffered by the plaintiff must have been a foreseeable consequence of the defendant's breach of duty.
Conclusion
A breach of duty occurs when someone fails to act with the level of care required of them under the circumstances. In California, a breach of duty is an essential element of a negligence claim. If you have been injured due to someone else's breach of duty in California, it is essential to seek legal advice to understand your rights and options. A knowledgeable attorney can help you navigate the complexities of negligence law in California and protect your interests.