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Liability & Fault

What is Breach of Duty?

A failure to meet the applicable standard of care or to fulfill a legal obligation to act reasonably, which is a required element of a negligence claim.

Understanding Breach of Duty

Once duty of care is established, the plaintiff must prove the defendant breached that duty by acting or failing to act as a reasonably prudent person would under similar circumstances. Breach is typically a question of fact for the jury. Evidence of breach can include violations of safety regulations, deviation from industry standards, or failure to take precautions that a reasonable person would take.

Examples

  • 1Driver texting while driving and causing an accident
  • 2Store failing to clean up a known spill for hours
  • 3Landlord ignoring reported structural hazard in the building
Last updated: January 24, 2026
Reviewed by: Quilia Legal Content Team

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