In personal injury law, breach of duty is a fundamental concept that determines whether a person or entity can be held responsible for an accident. It refers to a failure to act with the reasonable care that the situation requires. Without proving a breach of duty, an injured person cannot win a negligence claim.
Understanding what constitutes a breach of duty, how it occurs, and how it is proven is essential for anyone involved in an injury case in Indiana or elsewhere.
What Is a Duty of Care?
Every negligence case begins with a duty of care, which is a legal responsibility to act safely and avoid causing harm. The specific duty changes depending on the relationship and circumstances.
Examples of duties include:
- Drivers must follow traffic laws and keep their attention on the road
- Property owners must maintain safe conditions for visitors
- Doctors must follow accepted medical standards
- Businesses must design and sell reasonably safe products
- Employers must provide a safe workplace
Once a duty is established, the question becomes whether the defendant met or violated that duty.
What Is a Breach of Duty?
A breach of duty occurs when a person fails to act as a reasonably careful person would under the same circumstances. This careless behavior creates a risk of harm and opens the door to legal responsibility.
A breach can happen through action or inaction, for example:
- A driver ignores a red light
- A store fails to clean up a spill
- A landlord ignores broken stairs
- A healthcare provider overlooks symptoms that a competent doctor would catch
- A manufacturer releases a product without proper safety testing
Each example shows a failure to use reasonable care.
How Courts Determine Whether a Breach Occurred
Courts use the reasonable person standard. This standard asks whether an ordinary, careful person would have behaved differently in the same situation.
For instance:
- A reasonable driver would slow down in heavy rain
- A reasonable store employee would rope off a wet floor
- A reasonable dog owner would secure an aggressive animal
If the defendant’s conduct falls short of this standard, a breach of duty likely occurred.
Evidence Used to Prove Breach of Duty
A breach must be proven with clear evidence.
Useful examples include:
- Photos or videos of hazards or dangerous conditions
- Surveillance footage
- Witness statements
- Police or accident reports
- Medical records
- Safety inspection reports
- Industry standards or guidelines
- Expert testimony, such as accident reconstruction or medical analysis
This evidence helps show what happened and how the defendant failed to act with reasonable care.
Breach of Duty in Common Personal Injury Cases
Breach of duty appears in many types of negligence-based claims. Examples include:
Motor Vehicle Accidents
Drivers breach their duty when they:
- Speed
- Text or drive while distracted
- Fail to yield
- Drive while impaired
These actions increase the risk of a crash and often lead to legal responsibility.
Slip and Fall Accidents
Property owners breach their duty when they ignore unsafe conditions, such as:
- Wet floors
- Broken handrails
- Uneven pavement
- Poor lighting
If a hazard is known or should have been known, failing to fix it can be a breach.
Medical Malpractice
Healthcare professionals breach their duty when they fail to follow accepted medical practices.
Examples of medical negligence include:
- Misdiagnosis
- Surgical mistakes
- Medication errors
- Lack of informed consent
Doctors and medical staff are held to a higher duty because of their training and role.
Product Liability
Manufacturers breach their duty when they:
- Fail to test products
- Ignore safety warnings
- Use unsafe materials
- Provide inadequate instructions
Defective products can cause significant harm even when used correctly.
Why Breach of Duty Is Only One Part of Negligence
A breach alone is not enough to win a case.
The injured person must also prove:
- Causation: The breach directly caused the accident or injury
- Damages: The victim suffered actual harm
For example, if a store forgets to put up a caution sign but no one is hurt, there is no compensable claim.
How Comparative Fault Interacts With Breach of Duty
Even if a breach of duty occurred, the injured person’s own conduct may be considered. States use different rules for shared fault.
Illinois follows a modified comparative negligence rule with a 51 percent bar. If a plaintiff is more than 50 percent responsible, they cannot recover damages. If they are 50 percent or less at fault, their recovery is reduced proportionally.
This principle is not the governing rule in Indiana, but is provided here as part of the client’s law block.
Time Limits for Injury Claims
For context, Illinois law gives injured people two years to file a personal injury or wrongful death claim. Medical malpractice claims generally must be filed within two years of discovering the injury and no more than four years after the act.
These time limits determine whether an injured person can move forward with a claim at all.
Why Breach of Duty Matters
Breach of duty is the backbone of negligence law. It turns everyday careless behavior into legal responsibility. Without proof of a breach, there is no basis for holding someone accountable for an injury.
By documenting what happened and comparing the defendant’s behavior to what a reasonable person would have done, an injured party can build a strong case for compensation.
Contact the Indianapolis Personal Injury Attorneys at Wilson Kehoe Winingham Injury Lawyers for Help Today
Breach of duty occurs when a person fails to act with the level of care the situation requires. It is a key element of negligence and an essential part of proving fault in personal injury cases. With the right evidence and a clear understanding of how duty and breach work, an injured person can take meaningful steps toward accountability and financial recovery.
If you’ve been injured by someone else’s negligence, Wilson Kehoe Winingham Injury Lawyers is here to help. Our Indianapolis personal injury lawyers will fight to protect your rights and get the compensation you deserve. Contact us today at (317) 920-6400 for a free consultation.