What is the Duty of Care in a Negligence Claim?

The Duty of Care in a Negligence Claim in Hawaii is a legal obligation to take reasonable actions to avoid causing harm, injury or loss to another person or their property. This means that the person responsible for an injury must have acted as a reasonable and prudent person would have under the same or similar circumstances. For instance, a motorist must follow traffic laws, obey speed limits, and drive with the same care that a reasonable person would under same or similar conditions. A business owner must maintain their premises in a manner that is free from hazardous conditions to which customers may potentially be exposed. In Hawaii, the negligence claim must show that the defendant had a duty of care to the plaintiff, breached that duty of care, and the breach caused damages to the plaintiff. If the plaintiff is able to prove those elements then the defendant will be liable for the damages and must pay the plaintiff for the injury sustained. An experienced personal injury attorney can help determine if a Duty of Care has been breached and whether a negligence claim is warranted. There are many cases that involve highly complex issues that require legal analysis. A knowledgeable attorney can help evaluate the facts of the case and advise the best course of action.

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What is the Duty of Care in a Negligence Claim?

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