In New York personal injury law, the duty of care refers to the legal responsibility individuals and businesses have to act reasonably and avoid causing harm to others. Whether it involves a car accident, a slip and fall on unsafe property, or another type of negligence, proving that someone owed and breached a duty of care is a fundamental step in building a successful personal injury claim.
At Richmond Vona, our compassionate legal team has built a reputation for aggressive legal guidance, helping clients understand their rights and fighting for the compensation they deserve.
This page discusses who owes a duty of care in New York, how it differs from the standard of care, examples of breaches, and why understanding this concept is critical to proving negligence in a personal injury claim.
ON THIS PAGE
- Understanding the Duty of Care in New York Personal Injury Law
- Who Owes a Duty of Care in New York Personal Injury Cases?
- Understanding the Duty of Care of Property Owners in New York
- How Duty of Care is Proven in a New York Personal Injury Claim
- What Are the Consequences of Breaching the Duty of Care in New York?
- Frequently Asked Questions About Duty of Care in New York
- How Richmond Vona Helps Prove Duty of Care in New York Personal Injury Claims
- Contact Richmond Vona With Questions About the Duty of Care in New York
Understanding the Duty of Care in New York Personal Injury Law
Duty of care is a legal obligation requiring people and organizations to act with reasonable caution to avoid causing harm to others. This responsibility exists in everyday situations and is the foundation for most personal injury and negligence claims across the state.
For example, property owners have a duty of care to clear snow and ice from sidewalks within a reasonable time, New York nursing homes must ensure residents are properly fed and cared for, and drivers must avoid driving while drowsy or distracted. When someone breaches this duty and causes injury, they can be held legally responsible for resulting damages.
In personal injury lawsuits, proving that a duty of care existed and that it was violated is crucial to prove negligence and claim compensation.
Who Owes a Duty of Care in New York Personal Injury Cases?
In New York, many individuals and organizations have a legal duty of care to act in ways that protect others from harm. This obligation can arise in a range of everyday situations:
- Drivers: Motorists are required to follow traffic laws, avoid distractions, and drive safely to prevent accidents.
- Business and Property Owners: Owners have legal responsibilities under New York premises liability laws to maintain safe conditions, such as clearing snow and ice from sidewalks or repairing hazardous flooring in a store.
- Employers: Companies must provide safe workplaces, proper equipment, and adequate training to protect employees from injury.
While Richmond Vona does not handle medical malpractice cases, doctors and nurses also owe patients a duty to provide safe, competent care.
The exact duty of care depends on the relationship between the parties, state laws, and the circumstances of the injury. When this duty is breached, injury victims may have grounds to pursue a personal injury claim under New York negligence law.
Understanding the Duty of Care of Property Owners in New York
Property owners in New York have a duty of care to keep their premises reasonably safe for guests, customers, and tenants. This concept, known as premises liability, is a key part of New York negligence law.
Property owners and managers must take reasonable steps to prevent hazards to guests, customers, and tenants, including repairing broken staircases, promptly cleaning spills, and clearing snow and ice from sidewalks during Buffalo winters. Failing to meet these responsibilities can be considered a breach of duty of care, potentially leading to a premises liability lawsuit if someone is injured as a result.
“Duty of care isn’t just a legal principle; it’s the foundation of a safer community. When businesses, property owners, and drivers take responsibility for the safety of others, we all benefit. Upholding that duty means preventing harm before it happens. At Richmond Vona, we believe that holding people accountable isn’t just about compensation; it’s about making our neighborhoods safer for everyone.”
How Duty of Care is Proven in a New York Personal Injury Claim
In New York personal injury law, establishing a duty of care involves showing that the person or business had a legal obligation to avoid causing harm. Courts typically apply the reasonable person standard, asking whether a typical, prudent person in similar circumstances would have acted differently to prevent injury.
Proving a breach of duty of care requires strong evidence, including accident reports, witness statements, surveillance footage, and expert testimony. This evidence helps demonstrate that the responsible party failed to meet their legal obligations, resulting in injury.
Because these cases can be complex, working with a New York personal injury attorney can help ensure that your rights are protected and that you have the guidance needed to build a strong negligence claim.
What Are the Consequences of Breaching the Duty of Care in New York?
When someone breaches their duty of care in New York, it can form the basis for a negligence claim. When a person or business fails to uphold their duty of care, and that failure causes injury, this relationship is known as causation. Negligence and causation are key elements in proving liability.
Victims of negligence may pursue a personal injury claim in New York to recover damages such as pain and suffering, medical expenses, rehabilitation costs, and lost income. In some cases, courts may also award compensation for long-term disabilities, emotional distress, or diminished quality of life.
Frequently Asked Questions About Duty of Care in New York
What Is the Difference Between Duty of Care and Standard of Care in New York?
The duty of care is the legal obligation to avoid causing harm, while the standard of care refers to the level of care needed to meet said obligation. This distinction is important because negligence claims require proving both that a duty existed and that it was breached by failing to meet the appropriate standard.
Does Duty of Care Vary by Relationship or Setting in New York?
Duty of care in New York can change depending on the relationship or environment. For example, business owners owe customers a duty to maintain safe premises, employers must protect employees from hazardous conditions, and drivers must operate vehicles safely to protect other drivers and pedestrians. Alternatively, social relationships typically involve lower levels of legal duty.
How is Duty of Care Addressed in New York Medical Malpractice Cases?
In health care settings, doctors and medical professionals owe patients a duty of care measured against the accepted standard of care in their field. A breach occurs when treatment falls below what a reasonably skilled health care provider would offer under similar circumstances.
What Should I Do if Someone Breached Their Duty of Care Toward Me in New York?
If you believe someone violated their duty of care, document everything. New York has a three-year statute of limitations for most negligence claims, so seeking prompt legal advice from a New York personal injury lawyer is crucial to protect your rights and pursue compensation.
How Richmond Vona Helps Prove Duty of Care in New York Personal Injury Claims
At Richmond Vona, we’ve recovered over $200 million for injury victims by building strong negligence cases rooted in proof of duty of care. Our serious trial attorneys use advanced technology to investigate accidents, gather evidence, and demonstrate how a responsible party failed to meet their legal obligations.
We treat every client like family, taking the time to explain each step of the process and craft a fully personalized legal strategy. Because our co-founders are Western New York locals, we understand the communities we serve, the courts, and the challenges New York injury victims face.
Contact Richmond Vona With Questions About the Duty of Care in New York
If you believe someone breached their duty of care and caused your injury, acting quickly is essential. New York law limits the time you have to file a personal injury claim, so getting legal guidance early can help protect your rights.
With over two decades of combined experience handling personal injury cases across New York State, Richmond Vona is here to provide honest answers, clear guidance, and relentless advocacy.
If you have questions about the duty of care in New York, our team is here for you. Call us today at 716-500-5678 or contact Richmond Vona, LLC online for a free consultation to learn how we can help you seek the compensation you deserve.
