What Should You Do After A Car Accident?

Duty of Care

At the heart of every personal injury claim is the legal doctrine of negligence, which states that we have a duty to not expose others to unreasonable risk that they have not consent to. Thus, when we take actions that carry with them an inherent risk, we have a duty to minimize that risk to others, and if we do not, we may be liable for any injuries that result from our actions.

This duty to minimize risk is referred to as the duty of care. There are numerous cases in which a duty of care must be upheld, some of which include:

  • Parenting. In almost every case, a parent has a duty to ensure their children’s welfare.
  • Product Liability. In most cases, a product manufacturer is strictly liable for the products they sell. They sell products based on the implication that they will be safe and free from defects. Thus, they have a duty of care to ensure that the products meet within these implied guidelines.
  • Property. A property owner has a duty to ensure the safety of those that he invites onto his property. The duty of care becomes higher if those people are on his property for the purpose of doing business. In certain jurisdictions, a property owner may even owe a duty to trespassers, but this differs from jurisdiction to jurisdiction.
  • Businesses. A business owner must ensure his property, along with any products he sells, are safe and free from hazards.

Contact Us

If you have been injured as a result of someone’s failure to exercise a reasonable standard of care, contact the Jacksonville personal injury lawyer Don Guthrie, P.A., at 904-296-1088.

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