![]() ![]() It is not a substitute for professional legal assistance. All information available on our site is available on an "AS-IS" basis. It is possible that the law may not apply to you and may have changed from the time a post was made. The law is also subject to change from time to time and legal statutes and regulations vary between states. The people providing legal help and who respond are volunteers who may not be lawyers, legal professionals or have any legal training or experience. When you submit a question or make a comment on our site or in our law forum, you clearly imply that you are interested in receiving answers, opinions and responses from other people. Contact our team today so that our personal injury lawyers can help you get the compensation you deserve.Legal Disclaimer: The content appearing on our website is for general information purposes only. If you’ve suffered an injury at the hands of another person who breached their duty to exercise the appropriate standard of care, you may be entitled to damages. Contact an Attorney to Discuss Your Claim An employer who fails to follow an OSHA safety rule.Īll these examples follow a similar pattern – there is a law designed to protect people, and the defendant breaches their duty by not following the law.A driver who is speeding and hits a pedestrian.A driver who runs a red light, crashes into another car in the intersection and injures the other driver.This is because another person in the park is within the class of persons the leash law is intended to protect, and a dog bite is the type of harm the statute is designed to prevent. The scenario is likely an example of negligence per se. The dog bites a young girl’s hand when she tries to pet it. Bill gets to the park and lets his dog run free. At the park, there is a leash law in effect. In other words, a person can be found negligent when they breach their duty to comply with the law and hurt another person the law intended to protect.įor example, assume that Bill has a vicious dog. The harm suffered is the type the statute was designed to protect against.The injured plaintiff falls within the class of persons the statute is intended to protect and.If a person violates a specific statute and injures someone, they have committed negligence per se if: People have a duty to comply with the law. Under Georgia law, they “are bound to use extraordinary diligence.” O.C.G.A. Common CarriersĪ common carrier is a company that transports passengers or goods. This is likely a breach of duty on the orthopedist’s part because other surgeons under the same circumstances probably would have correctly read the patient’s chart. The surgeon misreads the patient’s chart and operates on the right foot instead of the left one. The surgery is to be performed by an orthopedist, but not the one who diagnosed the injury. It is that degree of care that is exercised by other competent professionals under similar circumstances.įor example, a patient comes into the hospital to have surgery to repair a torn ligament in their left foot. This standard applies when a professional provides a service to someone, for example, when a doctor treats a patient. Under these circumstances, most property owners would repair the deck or warn guests of the dangers of using the deck before allowing guests onto it. This is another likely example of a breach of duty. The deck fails, and the guests tumble to the ground, suffering many injuries. They all gather on the deck, sitting and watching the sunset over the lake. Then they invite friends over for the 4th of July. However, they’re too busy with work and decide to put off the repair for one more year. The owner realizes it may no longer be safe and that it needs to be repaired. A property owner has a deck attached to the back of their house, overlooking a beautiful lake.A reasonable grocery store employee would typically place a wet floor sign over a spill to prevent customers from walking over it. A jury might find that the employee/grocery store breached their duty to maintain safe premises for their customers by not using a wet floor sign to alert customers to a hazard. Another customer walks by, slips and falls, and breaks an arm. However, the employee does not put up a “wet floor” sign over the wet spot. ![]() An employee cleans up the spill and mops the area. A customer drops a container of milk at the grocery store.Let’s look at some common examples of this breach of duty: For ordinary negligence claims, a plaintiff proves that the defendant breached their duty of care by failing to act as a reasonable person would under the same circumstances. The normal standard is “that degree of care which is exercised by ordinarily prudent persons under the same or similar circumstances.” O.C.G.A. ![]()
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