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  • Writer's picturePeter Lamont, Esq.

Breaching the Duty of Care: An In-Depth Exploration


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The duty of care, as we have previously discussed, establishes the standard of conduct expected of individuals or entities in various relationships. But what happens when this duty is not met? This post aims to guide readers through the ways one can breach the duty of care, using real-world examples to paint a vivid picture of this essential aspect of negligence law.


I. What Does It Mean to Breach the Duty of Care?


Breaching the duty of care refers to failing to meet the standard of conduct that a reasonably prudent person would exercise in similar circumstances. This failure can occur through acts of commission (doing something wrong) or omission (failing to do something right).


II. Ways to Breach the Duty of Care


Neglecting Established Standards: Professionals, such as doctors or engineers, may breach their duty by failing to adhere to recognized standards in their field.

Recklessness: Acting with disregard for the safety or well-being of others.

Failure to Act: Sometimes, the breach occurs through a failure to take necessary actions, such as failing to repair a known hazard.


III. Fictional Examples of Breaching the Duty of Care


Medical Malpractice - Dr. Lila Harmon’s Case: Dr. Lila Harmon, a renowned orthopedic surgeon, was recently under scrutiny for her unconventional "rapid-healing" procedure. Despite limited research backing the procedure's efficacy and safety, Dr. Harmon aggressively marketed it to patients seeking faster recovery times after surgeries. Unfortunately, several patients experienced severe bone weakening and fractures as a direct result of the procedure. Legal experts argue that Dr. Harmon breached her duty of care by not adequately researching the technique and for misrepresenting its safety to her patients.


Automobile Accident - The Clarissa Mitchell Incident: On a sunny afternoon, Clarissa Mitchell was streaming her drive through the city on a popular social media platform, seeking to entertain her followers. Distracted by responding to comments and adjusting her camera, Clarissa failed to notice a pedestrian crossing at an intersection. The subsequent collision resulted in severe injuries to the pedestrian. Critics argue that by prioritizing her stream over attentive driving, Clarissa clearly breached her duty of care to other road users.


Product Liability - The "Quick-Chef" Microwave Saga: "Quick-Chef," a (fictional) newly released microwave brand, promised users it would cook meals in half the time of conventional microwaves. Excited consumers soon discovered a design flaw: the microwave's powerful emissions interfered with home Wi-Fi networks, causing them to malfunction. More alarmingly, a few cases surfaced where the excessive heat led to small fires. Preliminary investigations suggest that the manufacturer might have bypassed certain standard tests to hasten the product's market launch. Legal commentators believe the company may have breached its duty of care by not ensuring the product's safety for typical home use.


Premises Liability - The "AquaFun Park" Dilemma: AquaFun Park, a new water theme park, introduced the "Mega Whirlpool" as its main attraction. The design, though thrilling, had an unforeseen risk. Due to strong water currents, multiple visitors reported being trapped underwater momentarily, causing panic and near-drowning experiences. Despite initial complaints, the park did not take immediate action. Legal experts contend that by not promptly addressing the potential hazard, AquaFun Park breached its duty of care to its visitors.


IV. Conclusion: Understanding the Breach and Its Consequences


Breaching the duty of care is not a mere abstract legal concept; it has real-world implications that can result in harm to individuals and significant legal liabilities. Understanding how this breach can occur, through both actions and inactions, provides insights into legal responsibilities and societal expectations.


Recognizing the ways in which the duty of care can be breached is essential for professionals, businesses, and individuals alike. It encourages responsible behavior and informs legal rights and remedies when things go wrong.


As with all legal matters, interpreting the breach of duty of care can be complex, depending on the specific circumstances and jurisdiction. Seeking professional legal guidance is often the best course of action.


Do you have questions about civil litigation or defending a lawsuit? If so, contact us today at our Bergen County Office. Call Us at (201) 904-2211 or email Us at info@pjlesq.com

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If you would like more information about this post or if you want to discuss your legal matter with an attorney at the Law Offices of Peter J. Lamont, please contact me at pl@pjlesq.com or at (201) 904-2211. Don't forget to check out and subscribe to our podcast and YouTube channel. We have hundreds of podcasts and videos concerning a variety of business and legal topics. I look forward to answering any questions that you might have.

About Peter Lamont, Esq.

DISCLAIMER: The contents of this website and post are intended to convey general information only and not to provide legal advice or opinions. The contents of this website and the posting and viewing of the information on this website should not be construed as, and should not be relied upon for, legal or tax advice in any particular circumstance or fact situation. Nothing on this website is an offer to represent you, and nothing on this website is intended to create an attorney‑client relationship. An attorney-client relationship may only be established through direct attorney‑to‑client communication that is confirmed by the execution of an engagement agreement.


As with any legal issue, it is important that you obtain competent legal counsel before making any decisions about how to respond to a subpoena or whether to challenge one - even if you believe that compliance is not required. Because each situation is different, it may be impossible for this article to address all issues raised by every situation encountered in responding to a subpoena. The information below can give you guidance regarding some common issues related to subpoenas, but you should consult with an attorney before taking any actions (or refraining from acts) based on these suggestions. Separately, this post will focus on New Jersey law. If you receive a subpoena in a state other than New Jersey, you should immediately seek the advice of an attorney in your state, as certain rules differ in other states.

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