If you sustained an injury in an accident, you may be thinking about filing a personal injury claim against the responsible party. But, you can only recover compensation when you can prove this party owed you a duty of care and they breached this duty. An experienced Salem Oregon personal injury lawyer knows the legal sense of duty of care. They offer a free consultation to discuss your claim and see if the other party breached its duty of care. 

Understanding the Duty of Care

Certain individuals and entities have a duty of care to take reasonable steps to prevent others from being harmed. Thus, they should act the way a reasonable individual would if they were in the same situation. The legal obligation depends on the kind of case:

  • Product liability. This type of case involves manufacturers, distributors, and retailers owing a legal duty of care to manufacture and sell reasonably safe products. When products are used correctly, they should not harm consumers. If a consumer sustains an injury after using a certain product, the manufacturer may be breached its duty of care. 
  • Medical malpractice. Doctors, nurses, surgeons, and other medical providers have a duty of care to offer standard care. If they harm their patients after performing their job, they may be guilty of breaching such a legal obligation.
  • Premises liability. Property owners have a duty of care to keep their premises safe, safeguarding those who will be legal on their property. They should warn guests of known dangers on their premises and fix any hazard promptly. 
  • Car accidents. Drivers have a duty of care to obey traffic rules and prevent accidents from happening. If they fail to act in a reasonable way, they may have breached this duty.

A skilled attorney can help establish the duty of care of a defendant in a certain situation. Then, they will hold them liable for their actions. 

Proving a Breach of Duty of Care

After your attorney has established the duty of care, they must prove the party in question breached this duty that resulted in your injuries. A breach happens if a person fails to uphold the duties that the duty of care established. Your lawyer should demonstrate a causal connection between the breach and your injuries. For instance, if you suffered an injury in a vehicle crash, your lawyer would have to show how the negligence of the at-fault driver caused a crash that resulted in your injuries.