Скачать или смотреть Personal Injury Basics: 4 Elements of Negligence: Part 2: Breach of Duty

Now to review, for any successful negligence claim, you have to show duty, a breach of duty, causation, and damages. Now previously in part one, we discussed the concept of duty, meaning that someone has a reasonable standard of care owed to another.

Now today, we're going to be discussing the breaching of the said duty. To use our previous example where we have a car wreck, you have a duty established by a driver entering into a vehicle.

And by entering into the vehicle, they're establishing, "All right. I am going to take reasonable safety precautions. I'm going to make sure my vehicle is in good working order. I'm going to pay attention to what's going on around me."

But say, the person fails to do so. Maybe they're looking down at their cell phone or they're just being entirely oblivious to what's going on around them and they end up causing a car wreck. Now that could be an example of breaching their duty.

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