Logo
Contact Us
  • Media, PA Office

    610-565-4055
  • Wilmington, DE Office

    302-594-4535
Follow Us
  • HOME
  • FIRM OVERVIEW
  • OUR ATTORNEYS
    • Timothy B. Barnard
    • John J. Mezzanotte, Jr.
    • Mark S. Pinnie
    • Anne Kai Seelaus
    • Denise Seastone Kraft
  • PRACTICE AREAS
    • Personal Injury
      • Motor Vehicle Accidents
        • Auto Accidents
        • Motorcycle Accidents
      • Premises Liability
      • Workers Compensation
    • Corporate & Business Law
    • Real Estate
      • Commercial Real Estate
      • Zoning Land Use
    • Estate Planning Administration
      • Estate Planning
      • Wills
      • Trusts
      • Living Wills
      • Probate Estate Administration
    • Products Liability
    • Intellectual Property
  • RESOURCES
  • OUR BLOG
  • CONTACT US

Understanding a Personal Injury Claim—The Standard of Care

May 24, 2017 By Mark Pinnie

When you have been hurt because of the wrongful act of another person, you have a right to pursue monetary compensation, also known as “damages,” from the at-fault party. Though you can file a personal injury lawsuit based on intentional acts, most actions to recover damages are based on a legal theory of negligence. To succeed on a negligence claim, you must show that the at-fault party “breached” a duty of care, that the breach “caused” your injury, and that you suffered actual loss. This blog looks at the first element, the duty of care.

The Legal Duty of Care in a Personal Injury Case

Personal Injury Claim—The Standard of CareMost personal injury claims are governed by what is known as the “common law,” from opinions written by judges over centuries. Through the common law, courts have established a standard of care to which all persons must adhere. That standard of care requires that, in all things you do, whether driving a car, maintaining property, or designing or building a product, you must exercise the level of care that a reasonable person would. That, of course, begs the question—what is a reasonable level of care.

Unfortunately, the law does not specifically define what constitutes a reasonable level of care and only provides some guidance—reasonable care is that care that would be exercised by an “average person of ordinary prudence.” As a practical matter, the determination of what amounts to reasonable care, and whether the defendant breached that duty, is the responsibility of the finder of fact, typically a jury (the judge will be the finder of fact when there is no jury). Accordingly, what qualifies as “reasonable care” can vary on a case-to-case basis.

Showing that the defendant breached that duty won’t be sufficient, though, to merit a jury award. You must next show that the defendant’s breach caused your injury.

Contact Our Office

At Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP, we offer experienced and knowledgeable legal counsel to individuals in Pennsylvania. To set up an appointment for a free initial consultation, call us at 610-565-4055 or 302-594-4535 or contact us online.

Personal Service | Dedicated Advocacy | Cutting Edge Technology

Filed Under: Personal Injury, Premises Liability Tagged With: Personal Injury

Our Practice Areas

  • Personal Injury
  • Motor Vehicle Accidents
  • Auto Accidents
  • Motorcycle Accidents
  • Premises Liability
  • Workers' Compensation
  • Corporate & Business Law
  • Real Estate
  • Commercial Real Estate
  • Zoning and Land Use
  • Estate Planning & Administration
  • Estate Planning 101
  • Probate & Estate Administration
  • Wills
  • Living Wills
  • Trusts
  • Intellectual Property Litigation
  • Copyright Litigation
  • Trademark Litigation
  • Trade Secret Litigation
  • False Advertising Litigation
  • Products Liability

Contact Us Today

Contact us today for a free initial consultation to discuss your legal concerns.

  • This field is for validation purposes and should be left unchanged.

From Our Blog

Must Property Owners Remove Snow and Ice? It's winter in Pennsylvania, when snow and ice make … [Read More...]

Is There a Higher Standard of Care When Driving in Ice and Snow? Under the laws governing … [Read More...]

Media, PA Office

Media, PA Office
218 West Front Street Media, Pennsylvania 19063
Phone: (610) 565-4055
Map

Wilmington, DE Office

Wilmington, DE Office
1205 N. Orange Street
PO Box 26304
Wilmington, DE 19899
(302) 594-4535

Links

  • Firm Overview
  • Attorneys
  • Practice Areas
  • Resources
  • Personal Injury
  • Business Law
  • Real Estate
  • Estate Planning
  • DUI & Minor Criminal

contact us

610-565-4055

© 2020 by Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP. All rights reserved. Disclaimer CONCEPT, DESIGN and HOSTING BY GETLEGAL.COM'S WEB SERVICES TEAM.