Willcox, Buyck & Williams, PA Blog

Monday, June 25, 2018

Understanding Breach of Duty Claims and Defenses

There are many reasons why a person or company may file a breach of duty claim. A breach of duty can occur for a variety of reasons related to several different areas of law, including personal injury claims, medical malpractice, probate law, and business law. The breach occurs when a company or a person owes a duty of care to another company or person and fails to adhere to the standard of reasonable care in a specific situation. When a company or person breaches a duty of care, that person may be held liable for negligence.

Filing a breach of duty claim or defending a breach of duty claim can be very difficult. The laws regarding breach of duty claims in South Carolina can be complex. We encourage you to contact our South Carolina negligence defense lawyers to discuss filing a claim or potential defenses to a breach of duty claim.

Types of Breach of Duty Cases

As stated above, a breach of duty can occur in a variety of scenarios. Some of the common negligence cases involving a breach of duty include:

  • Motor Vehicle Accident Cases — All drivers owe a duty of care to everyone on the road to use reasonable care to avoid an accident. A driver can be held liable for negligence when the driver breaches his duty of care by recklessly or carelessly causing a traffic accident.

  • Premises Liability Cases — Property owners have a responsibility to provide safe premises for their guests and visitors. If the property owner does not use reasonable care to prevent, correct, or warn individuals of dangerous conditions, the property owner may be held liable for breaching the duty of care owed to visitors and guests to prevent accidents and injuries.

  • Medical Malpractice Cases — Doctors and other health care providers owe a duty of care to their patients. The duty of care is measured by what a reasonable doctor would have done in a similar situation with similar circumstances. A bad result is not necessarily medical malpractice. The actions of the doctor must be measured against the medical community’s duty of care to determine negligence.

  • Breach of Fiduciary Duty — When a person or company has a duty to act in the best interest of another party, the duty of care is referred to as a fiduciary duty. The person with the duty of care is referred to as a fiduciary. When a fiduciary acts in a manner that is contrary to the other party’s best interest, the fiduciary may be subject to a breach of duty claim. Examples of fiduciary relationships include attorney-client, trustee-beneficiary, principal-agent, and board-shareholders.

When filing a breach of duty claim, the plaintiff must prove that a duty existed, the duty was breached, and the plaintiff suffered damages because of the breach.

It can be difficult to prove a breach of duty claim because there are several valid defenses to these claims, including a duty did not exist, or the breach did not cause damage. A South Carolina negligence defense lawyer can help you develop a strong legal defense to a breach of duty claim.

Contact a South Carolina Negligence Defense Lawyer to Discuss Your Case

If you have been accused of a breach of duty, it is very important to hire an experienced South Carolina negligence defense lawyer immediately. Remedies in a breach of duty claim could include substantial compensation for damages. Schedule a consult with a member of our team at Willcox, Buyck & Williams, P.A. today.  Our South Carolina negligence defense lawyers can help you defend the breach of duty claim to mitigate your liability for damages.

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