What You Need to Know About Duty of Care in MississippiMississippi Legal News
When someone sustains an injury during a car accident on a road in Mississippi or an employee experiences an accident on the job, the fault is oftentimes assigned to a breach of duty of care. In tort law, duty of care is a concept that most people practice, at least to some degree, in society. When you go for a drive along a public road, you are employing a proper duty of care by following the rules of the road. Someone who does not demonstrate appropriate care while driving, at work, or during other pursuits, however, could end up causing someone else to be injured or even killed.
Duty Was Owed
In the event that someone gets injured and a breach of duty of care is determined to be the reason, there are many elements that need to be proven. The first element is that the person responsible for your injury via negligence was obligated to show a duty of care to others. Should the person deemed liable by a professional, it could be proven that they owed particular duties specified by statute, law or regulation.
Duty Was Disregarded
Once it has been proven that the individual owed a duty of care, it must also be proven that the individual disregarded that duty. Even with all of these bits in place, they alone do not prove a person’s negligence. You must also demonstrate that the action or inaction of the liable party was the direct cause of the injury. In addition to this, the harm must also have been foreseeable, and any injuries must have been the direct result of the action or inaction of the responsible person.
The manner in which a breach of duty of care takes place varies from situation to situation, but overall, someone who breaches their duty has not exercised conscientious care. A motorist on a roadway, for instance, may drive dangerously by greatly exceeding the speed limit and running a stop sign. Both of these are actions that can easily cause a car accident and, by extension, harm to another person. Likewise, someone performing a job that has a high degree of risk associated with it is responsible for taking customary safety precautions in order to decrease the risk of injury to other people who are working on the same job site.
Doctrine of Proximate Cause
Duty of care, however, does have its boundaries. According to the doctrine of proximate cause, a person cannot be held liable for negligence if the victim was hurt in a manner that was not predictable. If a victim endures an injury in a way that is obliquely associated with the action or inaction of another individual, it is highly unlikely the other person will be found accountable.
If you or a member of your family has been involved in a car accident, attorneys at Germany Law Firm, PLLC are in your corner. We have the experience and the knowledge necessary to help you obtain the financial compensation to which you are entitled.
After almost four decades of legal practice, our skilled, Mississippi-based attorneys know exactly what it takes to win your case. Our attorneys are proud of their outstanding performance histories and distinguished reputations.
If you have recently been injured due to the negligence of another driver, then we firmly encourage you to speak with a qualified Mississippi personal injury attorney by giving us a call at (601) 487-0555 and scheduling an appointment for a free case evaluation so that we can advise you on the best course of legal action for your situation.