How Does the Duty of Care Rule Work in Indiana?

If you or someone you know has ever taken legal action for injuries sustained in an accident, you might have heard about the “duty of care.” This legal rule comes up in cases where negligent defendants cause accidents, leading to injured plaintiffs. However, this rule tends to vary depending on the nature of the claim.

The duty of care rule often applies to cases of injuries and accidents caused by negligence, but the rule tends to change based on how accidents occur. For example, the duty of care involved in car accidents is not the same as the duty of care in medical malpractice claims. In some cases, the duty of care is set by statute, such as in cases involving negligence per se. In other cases, the duty of care is not codified but based on the “reasonable person” standard. Knowing the difference is crucial to winning your case and getting fair compensation.

Get started with a confidential review of your case for no charge by calling (219) 322-1166 and talking to our Indiana personal injury attorneys at Wruck Paupore.

What is the Duty of Care Rule in Indiana

The duty of care is a rule in injury cases where a defendant is alleged to have negligently caused the plaintiff’s injuries. It is one of four elements that make up the legal definition of negligence, and it represents a legal obligation the defendant owes to the plaintiff. Exactly what a defendant’s duty of care is depends on the nature of the accident.

To prove negligence, we must first establish the defendant’s duty of care when the accident occurred. For example, if someone sues a restaurant because they slipped and fell in someone’s spilled drink and broke their leg, they might argue that the restaurant had a legal duty to make sure messes and spills are cleaned up quickly to ensure the safety of restaurant patrons. Again, the exact nature of someone’s duty of care varies from case to case.

Next, we must show that the defendant breached or violated their duty. For example, if the restaurant allowed the spilled drink to remain on the floor, uncleaned, for an hour before the plaintiff slipped and fell, this is a clear violation of the duty of care. Even if our Hammond, IN personal injury attorneys establish the duty and the breach, we need more.

The defendant’s violation of their duty of care must be the direct and proximate cause of the accident. If the restaurant breached its duty by not cleaning the spill, but you slipped because your shoes were a size too big, not because of the spill, the restaurant cannot be held liable. The spill must have caused the accident for the plaintiff to have a valid cause of action.

Cases Involving the Duty of Care Rule in Indiana

The duty of care is a broad rule encompassing a defendant’s legal obligation in a given situation. Remember, a person’s legal duty of care changes from case to case, and you should talk to your lawyer about the specific conditions of your accident to determine the defendant’s duty of care. Below are a few common injury cases with vastly different rules regarding the duty of care.

Car Accidents

Accidents happen every day, and most drivers share a similar duty of care. In car accident cases, the defendant owes a legal duty to the plaintiff and all other drivers on the road to drive with reasonable safety under the circumstances and obey the traffic laws.

This rule is intentionally broad because it is meant to change based on driving conditions. Drivers must drive with reasonable safety. Whatever might be considered reasonable will likely change with driving conditions. Is visibility low? Is the road wet? Is there snow and ice on the road? All these factors may determine what is or is not reasonably safe driving under the circumstances.

Medical Malpractice

These claims also hinge on the defendant’s duty of care, which may be unique in each case. Generally, the duty of care in medical malpractice cases requires doctors to provide medical treatment to patients that meet the “standard of care.” This begs the question, what is the standard of care?

The standard of care changes based on the circumstances. For example, the standard of care for heart surgery is vastly different from the standard for cancer treatments. Since lawyers and judges are not medical experts, they rely on other doctors to inform them of the relevant standard of care. These cases rely heavily on expert witnesses and testimony. If another doctor believes that your doctor provided inadequate treatment that did not satisfy the standard of care in your case, you may have a strong claim for damages.

Premises Liability

Premises liability cases impose a duty of care on property owners. Property owners must remove or repair known hazards for guests' safety. If hazards cannot be removed or repaired, guests must be adequately warned about the dangerous conditions. Additionally, property owners must make reasonable inspections for potentially unknown hazards.

Again, the exact nature of this duty depends on the type of property involved. For example, under I.C. § 14-22-10-2(d), the owner of land used for outdoor activities and recreational purposes (e.g., hiking, swimming, camping) owes a much lesser duty of care. Guests on the land are owed no assurance of its safety, and owners may not be liable for injuries.

How the Duty of Care Rule May Change in Indiana

The duty of care may or may not be a codified rule or statute. Sometimes, a defendant’s duty of care is enshrined in a statute. Other times, it is more of a legal concept upheld by courts.

Negligence Per Se

When the defendant’s duty of care stems from the violation of a specific statute, the case involves negligence per se. To prove your claims, you must establish that a specific statute or law applies to the case and that the defendant violated that statute. Many car accident cases involve negligence per se. For example, there are strict rules that prohibit driving while intoxicated. If a driver causes an accident while intoxicated, they may be held liable.

Reasonable Person Standard

Other cases involve a less concrete and more amorphous duty of care. It might change from situation to situation. In such cases, courts often adhere to a “reasonable person standard.” Essentially, if the defendant behaved in a way that a reasonable person in the same situation would behave, they might not be negligent. If a reasonable person would not have done whatever the defendant did, they may be held liable.

Contact Our Indiana Personal Injury Attorneys to Begin your Case

For a confidential review of your case at no cost, call (219) 322-1166 and talk to our Indianapolis personal injury attorneys at Wruck Paupore.