There are four elements to prove in a personal injury lawsuit in which an individual claims another person’s negligence caused their injuries and losses. The goal of such a lawsuit is to prove that the other party failed to fulfill their legal responsibility to the injured party and that failure caused harm.
In accident cases such as car accidents or slip and fall accidents, a personal injury lawsuit would argue that the individual or business being sued violated a legal responsibility, and as a result, someone was hurt. Because of that, the injured person should be compensated for the harm they have unjustly suffered.
If you think you have been injured by someone’s negligent actions in South Carolina, contact a personal injury lawyer with Joye Law Firm. We can help you understand your legal options and whether you have a valid case. We take cases from across South Carolina and can provide you with a free review of your potential claim.
What Is a Duty of Care?
In general, all members of a civilized society owe a duty of care to one another. We should not act in a manner that could harm other people. In a personal injury claim, the injured person (plaintiff) is required to show that there was a relationship between them and the person they’re suing (defendant) that created this duty of care.
What Is a Breach of Duty in a Personal Injury Case?
In a personal injury case, a breach of duty happens when someone’s actions – or lack of action – create a risk of harm that could have been avoided.
To prove this, the injured person would present evidence to a jury that a reasonable person in the same situation would have acted more carefully. By falling short of this standard, the defendant failed to fulfill their legal duty of care.
Examples of Breach of Duty in a Personal Injury Case
A driver who violates traffic laws in South Carolina, whether by speeding, texting while driving, drunk driving, or disregarding traffic signals, has breached their duty to share public roadways safely.
A store owner or manager has breached their duty to ensure their premises are safe for lawful visitors if they fail to clean up spilled liquids in a reasonable amount of time and/or did not post adequate warnings of the fall hazard.
The manufacturers and sellers of certain prescription drugs breached their duty of care by failing to warn consumers and doctors of any foreseeable side effects of using the medication.
How Does Breach of Duty Work in a Negligence Case?
Once the plaintiff has established a duty of care and the defendant’s breach of that duty by a negligent act or omission, the plaintiff must show that they suffered damages resulting from the breach of duty.
In other words, the plaintiff must show that the defendant’s breach led directly to an accident and injury. Causation requires establishing that the injury would not have occurred except for the defendant’s negligence.
For example, in a case involving a speeding driver, the plaintiff would assert that if it wasn’t for the defendant’s speeding, he would not have lost control of his vehicle and collided with the plaintiff’s vehicle. Further, the plaintiff would establish that numerous studies show that speeding is a leading cause of car accidents.
How Does Breach of Duty Work in a Strict Liability Case?
Strict liability refers to an activity that is inherently dangerous. For example, South Carolina imposes strict liability for defective products.
S.C. Code Section 15-73-10 says, “One who sells any product in a defective condition unreasonably dangerous to the user or consumer … is subject to liability for physical harm caused to the user or consumer” if the sale was a business transaction and the product was not altered.
Recovering Damages for a Breach of Duty
The fourth element in a personal injury claim requires showing that the harm the plaintiff suffered can be made better by compensation or payment of damages. The damages South Carolina entitles an injured person to seek in a personal injury lawsuit are intended to make the person financially whole for the injuries and losses they have unjustly sustained. They include money for:
- Medical expenses related to treatment for injuries suffered in the accident and for projected future medical care related to the accident
- Lost wages, including compensation for future, lost income in cases of disabling injury
- Pain and suffering, including a reduction in quality of life or limitations on the plaintiff’s ability to earn a living and engage in daily activities
- Property damage, such as the cost to repair or replace a vehicle and other personal property damaged in the accident
- Punitive damages may be awarded when the harm to the victim was caused by intentional or grossly reckless conduct.
Get in Touch with Our South Carolina Personal Injury Attorneys
Our South Carolina personal injury attorneys at Joye Law Firm can help you seek compensation if you have been unjustifiably harmed in an accident someone else caused. Since 1968, our highly regarded attorneys have helped injured people seek full compensation for their injuries so they could move forward. Let us help you, too.
Call Joye Law Firm at 888-324-3100 or fill out our online form now for a free consultation.
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