How Can Someone With Injury Claim Prove Defendant’s Failure To Show Duty of Care?

The legal system defines duty of care as the responsibility to act reasonably, in order to keep from injuring others. In other words, someone demonstrates a duty of care when he or she respects others’ safety.

When the expected level of care might become greater than usual

Someone driving a form of public transportation should exhibit an exceptional level of care. Today, such drivers get warned not to use a hand-held device, while on-the-job. Some professionals, such as doctors and injury lawyer in Barrie need to exercise an added level of care. Each of them must adhere to the standards in their chosen profession.

Business owners must use care towards their customers, even when not meeting them in person. The owner must make sure that employees are trained to mark off the wet area of a floor, and clean it has fast as possible. Owners also have to arrange for a regular inspection of things like a balcony, so that it remains safe.

Elements that plaintiff must prove, when charging someone with having breached his or her duty of care

Prove that the defendant had a duty of care towards the plaintiff in the situation that gave rise to the personal injury case

Prove that the defendant did not demonstrate the expected level of care. Some of the most interesting cases have concerned businesses that put their desire for profits over their readiness to show care. A case at a Jack-in-the-Box showed that a business should care about its customers, even after closing time.

Proof that the plaintiff suffered a marked level of harm, after the defendant failed to demonstrate a recognized level of care. In the case mentioned above, a boy was assaulted, after using a drive-through window late at night. That same boy had sought help from the employee at the window.

Proof that the breach exhibited by the defendant caused the harm to the plaintiff. The employee had refused help, saying it was past closing time. As a result, the young boy struggled to get to a source of medical aid. The delay exaggerated the injury’s effects.

That young boy managed to prove every necessary element. This incident does a good job of illustrating the degree to which a business needs to exercise an added amount of care. The employee had been quite willing to take the boy’s money, for an order placed late at night.

Still, the same employee did not want to be held responsible for what might have happened to that same customer. In other words, that employee had failed to care about another’s safety. That failure had demonstrated the employee’s reluctance to show an expected duty of care. The boy’s injury got worse. His damages increased.