Breach of duty occurs when someone fails to meet the legal standard of care they owe to another person, essentially meaning they didn't act as carefully or responsibly as a reasonable person would have acted in the same situation. Everyone has a legal duty to avoid causing harm to others through their actions or inactions, such as drivers having a duty to follow traffic laws and operate their vehicles safely, property owners having a duty to keep their premises reasonably safe for visitors, and doctors having a duty to provide competent medical care. When someone violates this duty by acting carelessly, recklessly, or failing to take reasonable precautions, they have breached their duty of care.
Breach of duty is one of the essential elements that must be proven in any personal injury lawsuit, as you cannot hold someone legally responsible for your injuries unless you can show they failed to meet their obligations to act safely. For example, if a driver runs a red light and hits your car, they have breached their duty to follow traffic signals and drive safely, or if a store owner fails to clean up a spill and you slip and fall, they have breached their duty to maintain safe conditions for customers. However, not every accident involves a breach of duty - sometimes accidents happen even when everyone acts reasonably and carefully, which is why proving this element requires showing that the defendant's conduct fell below what would be expected of a reasonable person in similar circumstances.
