Breach of duty
Written by Christopher Gibbons
This really is the essential element to bringing a successful injury claim. You may have heard the term: “proving liability”. In essence what this means is, the other party have breached their duty of care owed to you. In order to prove that the other party who owes you a duty of care has breached that duty, you must show that they have acted unreasonably. In most cases, such as driving into the rear of another vehicle, this act or omission will be evidence in itself of a clear breach of duty. In the above example, the driver has been careless and not driven to a reasonable standard, thereby breaching his duty of care owed to the driver in front.
After establishing that a duty of care exists and it has been breached, you must finally prove that you were injured as a result of that breach (commonly known as “negligence”).
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