Were you or someone you love injured because another person failed to act with reasonable care in Florida? Breach of duty is a key element of negligence law. Understanding what constitutes a breach and how to prove it can make a big difference in your personal injury claim.
This article explains breach of duty in simple terms and provides guidance for Florida residents seeking justice after an accident.
Understanding Duty of Care
To succeed in a negligence claim, a plaintiff must prove four elements: duty, breach, causation, and damages. A duty of care is a legal obligation to act as a reasonably careful person would under similar circumstances.
Common examples include:
- Drivers must obey traffic laws and operate vehicles safely.
- Property owners must maintain reasonably safe premises.
- Medical professionals must provide care consistent with accepted professional standards.
In short, the duty of care establishes the standard by which a person’s actions are judged in a negligence case.
Understanding Breach of Duty
A breach of duty occurs when a person fails to meet this standard of care. The mere fact that an accident occurred is not enough. The plaintiff must show that the defendant’s conduct was unreasonable under the circumstances.
For example:
- A driver who texts while driving and causes a crash may have breached their duty to operate a vehicle safely.
- A store owner who ignores a known spill that leads to a slip and fall may have breached their duty to maintain safe conditions.
In Florida, proving breach of duty requires showing that the defendant’s actions fell short of what a reasonable person would have done in the same situation.
Common Examples of Breach of Duty in Florida Negligence Cases
Breach of duty can occur in many everyday situations when a person or entity fails to act with reasonable care. Although each case depends on its specific facts, Florida negligence claims commonly involve the following examples:
- Motor vehicle accidents: Speeding, distracted driving, running traffic signals, impaired driving, or failing to adjust to road and weather conditions may constitute a breach of duty.
- Slip and fall and premises hazards: Property owners may breach their duty by failing to address or warn of dangerous conditions such as wet floors, uneven surfaces, poor lighting, broken handrails, or inadequate security.
- Medical negligence: Healthcare providers may breach their duty by failing to meet accepted standards of care, including misdiagnosis, treatment errors, or failure to properly monitor a patient.
- Workplace and construction-related incidents: Employers or site managers may breach their duty by failing to provide safe working conditions, proper training, or appropriate safety equipment.
These examples highlight that breach of duty centers on unreasonable conduct, not simply the occurrence of an injury. The key issue in every case is whether the defendant acted as a reasonably careful person or entity would have under similar circumstances.
How Courts Determine Breach of Duty
To decide whether a duty was breached, courts consider several factors, including:
- Reasonableness: Would an ordinary, prudent person have acted differently under similar circumstances?
- Foreseeability: Could the defendant reasonably foresee that their conduct—or failure to act—might cause harm?
- Industry standards: In professional cases, courts examine whether accepted standards of practice were followed.
- Statutory violations: Violating a safety law, such as speeding or failing to comply with building codes, may constitute negligence per se under Florida law if the statute was designed to prevent the type of harm that occurred.
The judge or jury evaluates these factors to decide if the defendant’s conduct was unreasonable. Expert testimony is often used to explain what a reasonable person or professional would have done.
Proving Causation and Damages
In addition to showing that a duty was breached, plaintiffs must prove causation and damages. Causation means that the defendant’s breach directly caused the injury.
Two types of causation must be established:
- Actual cause: Also called “cause in fact,” this asks whether the injury would have occurred “but for” the defendant’s actions.
- Proximate cause: This addresses whether the injury was a foreseeable result of the defendant’s actions. The harm must be a natural and probable consequence of the breach.
After causation, the plaintiff must show damages, which can be physical injuries, medical expenses, lost wages, or emotional distress. Without measurable harm, there is no basis for a negligence claim.
In Florida, injury victims can seek economic damages for financial losses and non‑economic damages for pain and suffering. In some cases involving gross negligence or intentional misconduct, punitive damages may be awarded to punish the wrongdoer.
Seeking Justice After a Breach of Duty in Fort Lauderdale, Florida
Negligence cases can be legally complex, particularly under Florida law. Proving breach of duty often requires investigation, evidence collection, and expert analysis. Legal representation can help ensure that claims are properly developed and presented, whether through negotiation or litigation.
To learn more, contact Workman Car Accident & Personal Injury Lawyers today. We offer a free consultation with a Fort Lauderdale personal injury attorney.
