Negligence and the Duty of Care
As we go about our daily business and affairs, there is a duty incumbent on all of us not to cause injury to others or damage to their property. If we suffer injury that was caused by the negligence of somebody else, and we want to pursue compensation for our damages, we’re required to allege a breach of a duty of care and state how the other person breached it and caused the accident.
There is No Case Without a Duty of Care
Duty is a fundamental element of the law of negligence, and sometimes, an accident with injuries might have occurred, but there was no breach of a duty of care. If no breach of the duty of care is shown, the negligence case against that particular person fails. The highly trained, skilled and personal injury lawyers at Kaufman & Stigger, PLLC are available to represent and advocate on behalf of innocent accident victims who are seeking compensation for their injuries and damages. That includes proof of the fact that the person who we bring a claim against had a duty of care to our client.
More About the Duty of Care
When legal professionals talk about the duty of care, they’re raising the issue of what an ordinary and reasonably prudent person would do under the same or similar circumstances. Part of our job is to show how the person who we allege to be at fault for an accident failed to act accordingly. Here are a few examples of certain times when a duty of care exists:
- Drivers of motor vehicles have a duty of care to others on or about the roadway to obey traffic laws and not injure those people or damage their property.
- An owner or occupier of a store has a duty of care to those who lawfully come onto the store property to maintain it free from dangerous conditions that might injure members of the general public.
- The owner of a home has a duty to maintain their front porch steps in a reasonably safe condition so as not to cause injury to people who use those steps.
Was the Accident Foreseeable?
Whether the accident that occurred was foreseeable comes to issue in determining whether a duty of care was owed by an allegedly negligent person to an accident victim. That’s because none of us can be determined to be responsible for an accident that was impossible to predict. If reasonable preventative measures at little or no cost might have prevented the accident from occurring, those might be considered in determining foreseeability and duty.
Time is of critical importance in any personal injury case, especially after recollections of events begin to get fuzzy, or important witnesses disappear or even die. Victims need to preserve and protect their best interests from the onset. After being injured in any accident anywhere in Kentucky, contact us here at Kaufman & Stigger, PLLC, and we’ll arrange for a free consultation and case review with a knowledgeable and highly experienced personal injury lawyer from our law firm. You’ll be listened to carefully, and your questions will be answered too. After that, you’ll be advised on all of your legal options. We’ll want to pursue the one that operates toward the maximum compensation that you deserve. Contact us right away after being injured in any accident anywhere in Kentucky.
Contact a Personal Injury Lawyer in Kentucky
Do you have more questions about negligence per se in Kentucky? Speak to a member of legal team today to learn more about our state’s accident laws. If you or a loved one have been injured due to someone else’s negligence, do not wait another minute, call us right now at Kaufman & Stigger, PLLC at (502) 458-5555 to discuss your case and get the help you deserve.