When people talk about negligence in a personal injury case, they often use the term “duty of care.” Every person has a responsibility to act in a way that does not cause harm to others. When someone fails to live up to that responsibility, the result is called a breach of duty.
Proving a breach of duty is one of the key elements of any personal injury lawsuit in Illinois, whether the case involves a car accident, slip and fall, or medical malpractice. This article will look at how courts determine whether a breach occurred, examples of conduct that may constitute a breach, and why this element is so important for recovering damages.
Understanding Duty of Care
The concept of duty of care is the foundation of negligence law. In simple terms, it is the obligation people owe one another to act reasonably under the circumstances. The scope of this duty depends on the relationship between the parties and the situation at hand.
Examples of duty of care include:
- Drivers: Operating vehicles in compliance with traffic laws and with reasonable care to avoid collisions.
- Property owners: Maintaining premises in a safe condition to prevent injuries to visitors.
- Doctors and nurses: Providing treatment that meets accepted standards of medical practice.
- Employers: Ensuring safe working conditions and proper training for employees.
Illinois courts recognize that this duty is not absolute. Instead, the law measures conduct by what a reasonably prudent person would have done in similar circumstances.
What Constitutes a Breach of Duty?
A breach of duty occurs when a person or entity fails to meet the standard of care required by law. In other words, they act in a way that a reasonable person would not have acted, or they fail to act when a reasonable person would have taken steps to prevent harm.
Common examples include:
- A driver texting while driving and causing an accident.
- A store owner failing to clean up a spill that causes a customer to slip and fall.
- A trucking company neglecting to maintain brakes, leading to a collision.
- A doctor misdiagnosing a condition that another reasonably competent doctor would have identified.
The plaintiff in a personal injury case must present evidence that the defendant’s actions fell short of the legal standard of care. Without proof of a breach, even serious injuries may not result in a successful claim.
Breach of Duty Under Illinois Law
Illinois courts apply established legal principles to determine whether a breach of duty has occurred. One important case, Ward v. K Mart Corp., 136 Ill. 2d 132 (1990), clarified that duty depends on foreseeability of harm and the burden of preventing that harm. Courts ask whether the defendant could reasonably foresee that their actions might cause injury, and whether they could have acted differently to prevent it.
Additionally, Illinois Pattern Jury Instructions (IPI) Civil 10.01 provides that negligence is “the failure to do something which a reasonably careful person would do, or doing something that a reasonably careful person would not do, under circumstances similar to those shown by the evidence.” This standard is routinely applied in jury trials across Illinois.
Comparative Negligence and Shared Duty
In Illinois, breach of duty does not always fall on only one party. Illinois follows a modified comparative negligence system. This statute allows an injured person to recover damages even if they were partly at fault, as long as their share of fault is less than 51 percent. If they are found to be 51 percent or more responsible, they cannot recover compensation.
For example, if a pedestrian crossed the street outside of a crosswalk and a distracted driver hit them, both parties may share responsibility. The jury would evaluate whether each party breached its duty of care and apportion liability accordingly. The pedestrian’s damages would then be reduced in proportion to their percentage of fault.
How Breach of Duty Is Proven
Proving breach of duty in Illinois requires more than pointing to an accident. Plaintiffs must build a case supported by clear evidence.
This often includes:
- Witness testimony: Statements from people who saw the accident or dangerous condition.
- Expert testimony: Specialists who explain how the defendant failed to meet the accepted standard of care.
- Photographs and video: Visual documentation of hazards, property damage, or unsafe practices.
- Records and documents: Police reports, maintenance logs, medical records, and other paperwork that establishes what happened.
In some cases, Illinois courts also apply the doctrine of res ipsa loquitur, meaning “the thing speaks for itself.” This doctrine allows juries to infer negligence when the type of accident usually would not occur without someone’s breach of duty, such as surgical instruments left inside a patient.
Examples of Breach of Duty in Illinois
Below are a few examples that demonstrate where a Breach of Duty claim may arise:
Car Accidents
A driver who speeds through a red light in downtown Chicago breaches their duty to operate the vehicle safely. If that conduct causes a collision, the breach becomes the foundation of a negligence claim.
Slip and Fall Cases
If a grocery store in Springfield fails to warn customers of a wet floor, the store has likely breached its duty to maintain safe premises.
Medical Malpractice
A doctor in Peoria who prescribes the wrong medication dosage, despite clear medical records, may have breached the duty to provide competent care.
Workplace Accidents
An employer who ignores OSHA safety standards and fails to provide protective equipment in a Rockford factory may be liable for breaching their duty to provide safe working conditions.
Each of these examples shows how Illinois law ties real-world conduct to the legal duty of care.
Defenses to Breach of Duty
Defendants in Illinois personal injury cases often raise defenses to challenge claims of breach of duty.
Some of the most common include:
- Lack of duty: Arguing that no legal duty existed in the specific situation.
- Reasonable care: Showing that their actions were consistent with what a reasonable person would do.
- Assumption of risk: Claiming the injured person knowingly accepted the risks of the activity.
- Comparative negligence: Arguing the plaintiff’s own actions contributed significantly to the injury.
Courts weigh these defenses carefully, but if they succeed, the plaintiff may recover reduced damages or none at all.
Contact Joel E. Brown, P.C. for a Free Consultation
Breach of duty is one of the most critical elements in any Illinois personal injury case. Without establishing that the defendant failed to act as a reasonably careful person would under the circumstances, a negligence claim cannot succeed.
With clear evidence and skilled legal representation, proving a breach of duty can open the door to fair compensation for medical bills, lost income, and other damages caused by another party’s negligence. Contact Joel E. Brown, P.C. today at (309) 673-4357 for a free consultation.
