Criminal Defense Lawyers

The “Duty of Care” in a California Personal Injury Case

The “Duty of Care” in a California Personal Injury Case

At Spodek Law Group, we understand that being injured due to someone else’s negligence can be a traumatic and confusing experience. If you’re considering filing a personal injury claim in California, one of the most important legal concepts you’ll need to understand is the “duty of care.” This fundamental principle forms the foundation of most personal injury cases, and our experienced attorneys are here to help you navigate its complexities.

What is the Duty of Care in California?

The duty of care refers to the legal obligation that individuals and entities have to act with reasonable care to avoid causing harm to others. In California, this concept is codified in Civil Code Section 1714(a), which states:”Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person.”In simpler terms, this means that we all have a responsibility to act in a way that doesn’t put others at unreasonable risk of harm. But what exactly does that mean in practice? Let’s break it down further.

Elements of Duty of Care in California Personal Injury Cases

When our attorneys at Spodek Law Group take on a personal injury case, we focus on establishing four key elements:

1. Existence of Duty: We must prove that the defendant owed you a duty of care.
2. Breach of Duty: We need to show that the defendant failed to meet that duty.
3. Causation: We have to demonstrate that the breach of duty directly caused your injuries.
4. Damages: Finally, we must prove that you suffered actual damages as a result.

Let’s examine each of these elements in more detail:

1. Existence of Duty

The first step in any personal injury case is establishing that the defendant owed you a duty of care. This can vary depending on the specific circumstances of your case. For example:

• Drivers have a duty to operate their vehicles safely and follow traffic laws.
• Property owners have a duty to maintain safe premises for visitors.
• Doctors have a duty to provide competent medical care to their patients.
• Manufacturers have a duty to produce safe products for consumers.

Our experienced attorneys at Spodek Law Group know how to identify and prove the existence of a duty of care in various situations. We’ll thoroughly investigate your case to establish this crucial element.

2. Breach of Duty

Once we’ve established that a duty existed, we need to prove that the defendant breached that duty. This means showing that they failed to act as a reasonably prudent person would have in similar circumstances.For instance, if a driver was texting while driving and caused an accident, we would argue that they breached their duty of care by engaging in distracted driving. Or if a property owner failed to fix a broken staircase despite knowing about it, we’d demonstrate how this negligence breached their duty to maintain safe premises.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

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2024-03-12

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2024-03-12

Very professional, very transparent, over all a great experience

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2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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3. Causation

It’s not enough to show that the defendant breached their duty of care – we also need to prove that this breach directly caused your injuries. This is often one of the most challenging aspects of a personal injury case, as defendants may try to argue that other factors were responsible for your injuries.Our skilled attorneys at Spodek Law Group know how to build a strong case for causation. We’ll gather evidence such as medical records, expert testimony, and accident reconstruction reports to demonstrate the link between the defendant’s actions and your injuries.

4. Damages

Finally, we need to prove that you suffered actual damages as a result of the defendant’s breach of duty. These damages can include:

• Medical expenses
• Lost wages
• Pain and suffering
• Emotional distress
• Property damage

Our team will work diligently to document all of your damages and fight for the full compensation you deserve.

Special Relationships and Heightened Duty of Care

In some cases, California law recognizes special relationships that create a heightened duty of care. These situations often involve professionals or entities that have a particular responsibility to protect others. Some examples include:

• Common carriers (like bus or taxi companies) to their passengers
• Businesses to their customers
• Schools to their students
• Landlords to their tenants

If your case involves one of these special relationships, our attorneys at Spodek Law Group will leverage this heightened duty of care to strengthen your claim.

How Spodek Law Group Can Help with Your Personal Injury Case

Navigating the complexities of duty of care in a California personal injury case can be challenging, but you don’t have to do it alone. At Spodek Law Group, we have years of experience handling all types of personal injury claims. Here’s how we can assist you:

1. Free Case Evaluation: We’ll review the details of your case at no cost to determine if you have a valid claim.
2. Thorough Investigation: Our team will gather all necessary evidence to prove the defendant’s duty of care and breach of that duty.
3. Expert Witnesses: When needed, we’ll consult with medical professionals, accident reconstruction experts, and other specialists to strengthen your case.
4. Skilled Negotiation: We’ll handle all communications with insurance companies and defense attorneys, fighting for the maximum compensation you deserve.
5. Litigation Experience: If a fair settlement can’t be reached, we’re prepared to take your case to trial and advocate fiercely on your behalf.
6. Compassionate Support: Throughout the entire process, we’ll provide personalized attention and keep you informed about the progress of your case.

Don’t let confusion about duty of care prevent you from seeking the justice and compensation you deserve. Contact Spodek Law Group today at 212-300-5196 or visit our website at https://www.federallawyers.com to schedule your free consultation. Let us put our expertise to work for you and help you navigate the complexities of your California personal injury case.Remember, time is of the essence in personal injury claims due to statutes of limitations. Don’t wait – reach out to us today and let us start fighting for your rights!