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(314) 500-HURTEstablishing a duty of care is the first step to proving negligence in most personal injury claims. If someone owes you a duty of care, they have a responsibility to act in a reasonable manner, with attention, caution and prudence, in order to prevent causing injury or harm.
Some duties of care are general responsibilities we all owe to each other. For example, a driver owes other motorists, passengers, bicyclists, motorcyclists and pedestrians a duty of care to drive safely and not injure anyone. If a driver causes a car accident and injures you because they ran a red light, they violated their duty of care. Another example of violating a general duty of care could be a neighbor cutting down a tree on your property that, when it fell, caused damage to your roof.
Other personal injury cases depend on the relationship between the plaintiff and defendant:
Some duties of care depend on the plaintiff’s actions as well. If you provoke a dog that bites you, are injured when trespassing on a property or use a product unreasonably, you would not have a claim as your actions negate the other party’s liability to keep you safe.
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Gary Burger who has more than 30 years of legal experience as a practicing personal injury trial attorney. Gary’s robust legal knowledge is recognized by his peers as demonstrated by his industry awards and frequent Continuing Legal Education (CLE) lectures.
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