What is the Duty of Care in a Negligence Claim?

The duty of care is a legal concept that is applied in negligence claims in West Virginia and holds an individual responsible for any harm that they cause to other people as a result of their actions. A duty of care is said to be breached when a person’s actions, or failure to act, result in harm to another person. A duty of care exists between individuals in certain circumstances, such as doctor-patient relationships, parent-child relationships, business owner-customer relationships, and employer-employee relationships. When determining whether a duty of care exists, the court considers the type of relationship, the nature of the activity, and applicable state laws. All individuals in West Virginia are required to observe the basic duty of care that would be exercised by a reasonable person in a similar situation. This means acting in a manner that will minimize the risk of harm to others, regardless of the situation. If a person fails to fulfill their duty of care and causes injury to another person, they can be held liable in a negligence claim. To prove the duty of care was breached, the plaintiff must show that the injury was caused by the defendant’s failure to take reasonable precautions to avoid the harm. The jury then decides if the duty of care was breached and, if so, how much the defendant must pay for damages. In West Virginia, the injured party generally has two years from the date of the injury to file a negligence claim.

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What is the Duty of Care in a Negligence Claim?

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