Bregligence Case
A breach of duty is when one person or company has the responsibility to care of a person or a company, in order to establish this the court needs to have the answer the five questions below and take inconsideration all of the answers before making a decision ("What is Breach of Duty? | Define Breach of Duty," n.d.).
1) Did the defendant have a duty of toward the plaintiff? If so, was it a duty of reasonable care, or was it based on professional liability, premises liability, or another type of relationship between the plaintiff and defendant?
2) Did the defendant use the same amount of reasonable care that another person in his position would have used to prevent harm?
3) Did the defendant foresee the risk of harm to the plaintiff, or should
he reasonably have foreseen it?
4) What kind of alternatives was available that might have prevented the harm? These may be alternative actions, locations, materials, designs, or other items, depending on the facts of the individual case. The question of available alternatives is especially important in products liability cases.
5) Was the burden of using safer alternatives considerably heavier than the risk involved in not using them? After the courts found that there was an actual breach in the duty of care it then needs to decide if the defendant’s actions violated the plaintiffs standard of care. A baseline of a reasonable standard of care is determined which can vary depending on who the plaintiff and defendants are (, n.d.).
1) Did the defendant have a duty of toward the plaintiff? If so, was it a duty of reasonable care, or was it based on professional liability, premises liability, or another type of relationship between the plaintiff and defendant?
2) Did the defendant use the same amount of reasonable care that another person in his position would have used to prevent harm?
3) Did the defendant foresee the risk of harm to the plaintiff, or should
he reasonably have foreseen it?
4) What kind of alternatives was available that might have prevented the harm? These may be alternative actions, locations, materials, designs, or other items, depending on the facts of the individual case. The question of available alternatives is especially important in products liability cases.
5) Was the burden of using safer alternatives considerably heavier than the risk involved in not using them? After the courts found that there was an actual breach in the duty of care it then needs to decide if the defendant’s actions violated the plaintiffs standard of care. A baseline of a reasonable standard of care is determined which can vary depending on who the plaintiff and defendants are (, n.d.).