When a person reasonably expects they are safe but becomes injured because of recklessness or negligence of another, the victim is lawfully permitted to pursue monetary compensation against that person or entity. To do this, the victim must prove negligence in a personal injury case. Further, to prove negligence, they must prove that the negligent person breached a certain duty of care.
What is Duty of Care?
Louisiana laws protect people injured because of another’s irresponsible conduct under a provision called “duty of care.”
From hazardous properties, car accidents, medical malpractice, and defective or dangerous products, a breach (or violation) of duty of care mean the person or entity (defendant) responsible for an accident or illness should or could have foreseen the risk to the person harmed (plaintiff). Simply, to determine fault, it must be proven that the defendant could have prevented harm if they had conducted themselves responsibly in regard to reasonable safety measures.
If a lawsuit is pursued, the court will determine whether the defendant acted with a standard defined by the law as the “reasonable care” that an “ordinary person” would have demonstrated in the same scenario.
Breach of Duty for Personal Injury Claims
To succeed in winning monetary benefits for an accident or injury caused by another, the plaintiff is required to prove that the defendant breached a duty of reasonable care that caused an injury or illness which led to the victim’s damages—physically, emotionally and financially.
Duty of Care Law in Louisiana
To prove the defendant was negligent and, therefore, caused your injury or illness, a plaintiff must prove the following four factors:
Duty That the defendant owed a duty of safety in the injuring situation.
Breach That the defendant breached that lawful duty by acting or failing to act in a certain way.
Causation The defendant’s actions, or inaction, caused a victim’s injury or illness.
Damages The plaintiff was injured or made ill because of the defendant’s actions or inaction.
Injured Due to Breach of Duty of Care?
With over 30 years’ combined experience representing Northwest Louisiana victims injured because of an individual, corporation or government agency’s carelessness, recklessness or criminal conduct, we have the skills and resources to negotiate and fight for your fair compensation. Gordon & Gordon’s personal injury attorneys have documented success winning multi-millions for our clients.
In Louisiana, the deadline for filing a personal injury claim is one year from the date of injury. In some rare cases, there are exemptions to this deadline. However, the longer you wait, the less likely it will be that you’ll collect the damages you deserve.
To learn more about the compensation you may deserve, call 318-716-HELP (318-716-4357) for a free, no-obligation meeting in one of our Shreveport, Mansfield or Bossier City offices with Northwest Louisiana’s premier personal injury attorneys, Gordon & Gordon Law. Or if it’s more comfortable for you, send us a message on our site and someone from our office will be in touch with you promptly.