Elements of a Tort – Breach

A claim of negligence in a personal injury or wrongful death case is based on the premise that the defendant breached a duty of care owed to the plaintiff, and that breach caused the plaintiff’s injuries. The first element that must be proven in a negligence case is the existence of a duty. Once established, it must next be shown that the duty was somehow breached. In general, this means that the defendant acted or failed to act below the standard of care which was expected.

The duty of care can be breached in a myriad number of ways. Below are some of the more common ways in which the defendant’s conduct constitutes a breach of the duty of care in different types of personal injury cases.

Motor Vehicle Accidents

• negligent, aggressive or reckless driving
• failing to check blind spot
• failing to maintain truck or commercial vehicle
• city bus stops too far from curb or in front of hazard

Products Liability

• defective design
• defective manufacture
• failure to warn

Medical Malpractice

• surgical error
• misdiagnosis
• failure to diagnose or failure to treat
• misfilling a prescription
• prescribing the wrong medication or dosage

Premises Liability

• failing to inspect property
• failing to fix a dangerous condition
• failing to provide adequate lighting or security

Construction Accidents

• failing to provide adequate safety devices
• failing to provide safety gear
• failure to train workers on safe and proper operation of machinery

Civil Rights

• police brutality or excessive force
• false or warrantless arrests
• malicious prosecution
• falsifying evidence
• coercing a confession

Experienced New York City Negligence Lawyer

Obtaining a successful recovery in a claim of negligence requires the ability to identify and prove every element of the applicable tort, including duty, breach, causation, and damages. New York City attorney Leandros Vrionedes helps clients across a wide range of injuries and accidents involving the negligent or wrongful conduct of another. If you have been injured in an accident or have lost a loved one due to another’s negligence, contact Leandros A. Vrionedes, P.C. for a free consultation.