If you’ve been injured due to someone else’s negligence in Florida, one of the most important legal concepts that can determine the outcome of your personal injury claim is a breach of duty.
Proving this element is crucial in holding the at-fault party responsible and recovering the compensation you are looking for.
What Is a Breach of Duty?
In the context of personal injury law, a breach of duty occurs when a person or entity fails to act with the level of care that a reasonable person would exercise under the same circumstances.
To win a personal injury case in Florida, the plaintiff must prove the following four elements of negligence:
- Duty of care – The defendant had a legal duty to act reasonably and avoid causing harm.
- Breach of duty – The defendant failed to meet that duty.
- Causation – The breach directly caused the injury.
- Damages – The plaintiff suffered actual harm as a result.
The second element is breach of duty, and it’s often the most contested. Whether you’re hurt in a car accident, slip-and-fall, or medical malpractice case, demonstrating that the defendant breached their duty is essential.
Examples of Breach of Duty in Florida Personal Injury Cases
Here are common real-world scenarios in Florida where breach of duty often arises:
Car Accidents
All drivers in Florida have a legal duty to operate their vehicles safely. If a driver texts while driving or runs a red light, they have breached that duty. Under Florida Statutes § 316.1925, careless driving is a legal violation that can serve as evidence of negligence.
Slip and Fall Accidents
Property owners are expected to maintain reasonably safe premises. If a store fails to clean up a spill or fix a broken staircase, and someone is injured, this can be a breach of their duty of care to invitees.
Medical Malpractice
Doctors and healthcare providers are held to a professional standard of care. If a surgeon operates on the wrong body part or a doctor misdiagnoses a condition due to not following accepted procedures, they may have breached their duty of care.
Each of these situations requires a careful legal analysis to determine whether the defendant’s actions (or inaction) were unreasonable under the circumstances.
How Do You Prove a Breach of Duty?
To prove breach of duty in a Florida personal injury case, you must show that the defendant acted in a way that a reasonably prudent person would not have. Here are a few ways this is typically established:
- Eyewitness testimony – People who saw the accident can describe the events leading up to the injury.
- Expert witness testimony – In complex cases (e.g., medical malpractice), experts can testify to what the standard of care should have been and how it was violated.
- Surveillance footage – Video evidence from traffic cams or store security can show the defendant’s behavior.
- Police or accident reports – These often contain key details about fault or misconduct.
Evidence is critical. Without it, even if you suffered injuries, your case may not succeed. A skilled Florida personal injury lawyer can help gather and present this evidence effectively.
Florida Law and Breach of Duty
Florida courts follow well-established legal standards to determine whether a breach of duty has occurred. The state applies the reasonable person standard, which asks whether a person of ordinary prudence would have acted the same way under similar circumstances.
Additionally, Florida Statutes § 768.81 outlines the concept of comparative fault. This law allows a plaintiff to recover damages even if they were partially at fault for the accident, as long as they were not more than 50% at fault. However, their compensation would be reduced based on their percentage of fault. This bar does not apply to medical malpractice cases, which continue to follow the pure comparative negligence standard.
Why Breach of Duty Matters in Personal Injury Law
Without proof of a breach of duty, there is no negligence; without negligence, there is no valid personal injury claim.
This concept serves a critical role in balancing fairness: not every accident leads to liability. People are not expected to prevent every possible harm, only those that are foreseeable and preventable through reasonable care.
By proving breach of duty, you show that the defendant failed to meet their obligations and that their failure led directly to your injuries. This is the legal foundation for recovering damages, including:
- Medical expenses
- Lost wages
- Pain and suffering
- Emotional distress
- Property damage
It is best to consult with a personal injury attorney to understand which damages you may be able to recover.
Common Defenses to Breach of Duty
If you’re bringing a personal injury lawsuit in Florida, expect the other side to defend themselves vigorously. Common defenses include:
- There was no duty owed – The defendant may argue they did not owe the plaintiff a duty of care under the circumstances.
- No breach occurred – The defense might claim their actions were reasonable.
- The plaintiff was at fault – Using Florida’s comparative fault law, the defense could reduce their liability by showing you were partly to blame.
- No damages resulted – Even if there was a breach, the defense may argue that the plaintiff did not suffer any real harm.
A strong legal strategy will anticipate and counter these defenses with evidence and expert testimony.
Contact a St. Petersburg Personal Injury Lawyer to Schedule a Free Consultation
Florida law provides pathways for victims to seek compensation, but navigating these legal principles can be difficult. If you’ve suffered injuries due to someone else’s negligence, it’s essential to understand how breach of duty fits into the broader context of your personal injury case. Knowing your rights is the first step toward securing the justice and compensation you deserve.
Reach out to a St. Petersburg personal injury lawyer at Graves Thomas Rotunda Injury Law Group to schedule a free consultation. You can contact us online or call (772) 569-8155.
