What You Need to Know About “Duty of Care” in a California Personal Injury Case
“Duty of care” is a concept that is prevalent in many personal injury cases. Here’s what you need to know about “duty of care” in a California personal injury case.
While “duty of care” is not legally defined anywhere in California, it refers to the general idea of a legal obligation to use reasonable care to avoid injuring or harming other people. In order to win a personal injury case, the plaintiff (the person who was injured) must illustrate that the defendant (the person who injured the plaintiff) broke their “duty of care” towards the plaintiff, and therefore, the plaintiff was injured.
Where is “Duty of Care” Established?
A “duty of care” is generally established by federal, state, or local statutes and “common law.” It is explicitly defined in the California Civil Code Section 1714, which states that all individuals are to be held accountable for not only the results of their willful acts as individuals, “…but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person…”
In certain circumstances, certain individuals may have an established “duty of care,” such as teachers towards their students or doctors towards their patients, but generally, California law requires each person to generally practice ordinary care and caution towards those around them. Everyday examples of individuals practicing their “duty of care” are drivers obeying traffic laws to avoid injuries and crashes or property owners maintaining their properties to ensure that visitors do not get injured on their premises.
Related: Grounds to File a Car Accident Lawsuit in California
Who Determines if a Case Has a “Duty of Care”?
In a lawsuit, the judge decides if a “duty of care” is at play. The judge and California state court decide if a “duty of care” is at play by considering a variety of factors, including the following:
- The foreseeability of harm to the plaintiff
- The degree of certainty that the plaintiff suffered some type of harm
- The strength of the connection between the defendant’s actions and the plaintiff’s injury
- The extent of the burden on the defendant
- The policy of preventing future harm
Once the judge determines if there was a “duty of care” in the case, they consider factors to determine if the defendant infringed that duty. Some of those factors include feedback from experts regarding the skill of the defendant, and whether the defendant could have feasibly foreseen the risk of injury caused to the plaintiff.
FAQs About “Duty of Care” in a California Personal Injury Case
Why does “duty of care” exist?
“Duty of care” promotes acts that protect the wider community, as everyone is responsible for not only the actions that affect themselves, but also those that affect others. “Duty of care” keeps people accountable for their actions, making the wider community safer.
If I can prove that the defendant breached their “duty of care,” do I automatically win my lawsuit?
Every case is different and has different circumstances and factors at play, so nothing can be guaranteed.
Related: How to Find a Good Personal Injury Attorney In California
How long do I have to file a personal injury case?
As defined in California Penal Code Section 335.1, victims of personal injury have two years from the personal injury to file a lawsuit. If the injury was not discovered right away, victims have one year from its discovery date to file a lawsuit. This is known as the personal injury statute of limitations.
Related: Personal Injury Statute of Limitations in California
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If you have any more questions about duty of care in a California personal injury case, contact us. Get your free consultation with one of our experienced Personal Injury Attorneys in California today!