What is Breach of Duty?
Updated January 24, 2026
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
Related Terms
Duty of Care
A legal obligation requiring a person or entity to exercise a reasonable level of caution and prudence to avoid causing foreseeable harm to others.
Proximate Cause
The primary or legal cause of an injury that is sufficiently related to the harm to justify holding the defendant responsible, even if other factors also contributed.
Negligence
The failure to exercise the level of care that a reasonably prudent person would exercise in similar circumstances, resulting in harm to another person or their property.
Negligence Per Se
A legal doctrine in which negligence is automatically established when the defendant violated a safety statute or regulation designed to protect the class of persons to which the plaintiff belongs.
Assumption of Risk
A legal defense asserting that the plaintiff knowingly and voluntarily accepted the risks associated with a particular activity and therefore cannot recover damages for resulting injuries.
For Personal Injury cases
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