When someone is hurt in an accident, one of the most important questions is: “Who is at fault?” To answer this, the law often looks at whether someone had a “duty” to act a certain way and if they “breached” that duty. In personal injury law, this is called a breach of duty.
This article explains what breach of duty means, how it affects personal injury cases in Washington, and what to do if you think someone else’s actions caused your injury.
What Is a Duty of Care?
In legal terms, a duty of care is a responsibility to act safely and reasonably to avoid harming others. For example, drivers have a duty to obey traffic laws and watch out for pedestrians, and store owners have a duty to keep their floors clean and dry so that customers don’t slip.
A duty of care can exist in many situations, such as:
- A driver to other drivers and pedestrians
- A business to its customers
- A doctor to their patients
- A property owner to visitors
Once it’s shown that someone had a duty of care, the next step is determining whether they breached it.
What Is a Breach?
A breach has occurred when someone acts carelessly or fails to do something a reasonable person would have done. For example:
- A driver who is distracted while driving and causes a crash
- A doctor who doesn’t follow standard medical practices
- A manufacturer who sells a car with faulty brakes
When this happens and someone is hurt as a result, the injured person may have a valid personal injury claim. A breach of duty occurs when someone fails to act with the level of care required by the law and causes harm to someone else.
How Breach of Duty Applies to Washington State Law
In Washington, personal injury claims often follow the rules of negligence. To win a negligence case, you must prove four things:
- Duty – The other person had a legal responsibility to act safely.
- Breach – They failed to meet that responsibility.
- Causation – Their breach caused your injury.
- Damages – You suffered harm because of it.
Breach of duty is the second step, and proving it is critical to the success of your claim.
How Do You Prove a Breach of Duty?
To prove that someone breached their duty, you need evidence. This can include:
- Photos or videos of the accident or unsafe condition
- Eyewitness statements from people who saw what happened
- Police or incident reports that document the event
- Expert testimony, such as a medical expert or accident reconstructionist
Washington courts often use the “reasonable person standard” to decide if someone breached their duty. This means asking, “Would a reasonable person have acted the same way in this situation?” If the answer is no, then a breach likely occurred.
What Happens After a Breach of Duty?
If someone’s breach of duty caused your injury, you may be able to get compensation. This is known as damages. In Washington, damages can include:
- Medical bills
- Lost wages
- Pain and suffering
- Property damage
- Future care needs
A personal injury lawyer can help you calculate what your case might be worth and make sure you don’t settle for less than you deserve.
Comparative Fault in Washington
Washington uses a pure comparative fault system. This means that even if you were partly at fault, you can still recover money. However, your total award will be reduced by your percentage of fault. For example, if you were 20% at fault for a car accident, you can still recover 80% of your damages.
This makes it even more important to clearly prove that the other party breached their duty more than you did. Once a breach of duty is proven, the next step is showing how it caused your injury and calculating your damages.
What Is the Statute of Limitations for Personal Injury Lawsuits in Washington?
Washington has a statute of limitations that gives you a limited amount of time to file a personal injury lawsuit—typically three years from the date of the injury. If you wait too long, you may lose your right to seek compensation. A lawyer can help you gather the right proof, file your claim on time, and fight for the compensation you deserve.
Contact a Seattle Personal Injury Lawyer to Schedule a Free Consultation
A breach of duty is one of the most important ideas in personal injury law. If someone failed to act responsibly and you were hurt because of it, you may have the right to file a claim against them.
If you think someone’s carelessness caused your injury, contact Darrell Cochran Personal Injury Lawyer at (253) 948-0250 to schedule a free consultation. Our Seattle personal injury lawyers can help you build a strong case and fight for the justice you deserve.