There’s a central legal concept at the forefront of many cases including personal injury or neglect, which helps a plaintiff and their legal team solidify their case against the defendant and secure the just compensation.
The term ‘duty’ has a very expansive definition in the legal realm. It generally refers to a relationship between individuals and what they owe each other. In layman’s terms, what two people may expect from each other in a certain circumstance.
This concept of ‘duty of care’ is often coupled with the issue of ‘foreseeability’ which is defined by a negative incident which has afflicted an injured party that could’ve been foreseen and prevented by the other party in question.
These legal terms and concepts are best understood through the use of real-world examples and cases which demonstrate the full nature of the ‘duty of care’ relationship between the two individual parties.
For example if a customer enters an ice shop, they can expect the owner to provide a reasonably safe environment without fear of personal harm or endangerment. On the other hand, the owner may expect the customer to behave in an appropriate manner without aggressing and endangering others.
If the owner fails to address a foreseeable danger such as faulty flooring or shoddy ceiling work which causes an injury on the premise, then the injured party is entitled to make a legal claim against the owner on the grounds of not upholding ‘duty of care’.
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If any party violates the unspoken agreement of ‘duty of care’, then the afflicted party is well within their rights to pursue legal action. As long as some form of ‘foreseeability’ or negligence which endangered the injured party can be proven on behalf of the defendant.
An experienced legal team can help document and build a case which will stand the rigors and scrutiny of the courtroom. A personal injury or negligence case tied to the lack of ‘duty of care’ or ‘foreseeability’ stands fair chances in trial.