I'm trying to do some research for my brother who was injured recently in a sledding accident. I'm not sure how important it is but I'm not really getting the concept of "duty" in a personal injury claim. For example, do we all have a duty to everyone else around us not to injure them? Thanks for whatever help you can give.
Read Similar Questions
- Personal injury and premises liability (suing property owner)
- Under Massachusetts Law What Constitutes a Valid Personal Injury Claim?
- Under Massachusetts law, what circumstances create a valid personal injury claim?
- Can Inaction be Negligent in Massachusetts?
- Did I blow my personal injury claim?
- Insurance coverage and personal injury claim
- Misdiagnosis and Medical Malpractice under MA law
- Duty to rescue under MA law?
- Can Inaction be Negligent in Massachusetts?
- Personal Injury Claims and Bankruptcy
Recent Posts about Massachusetts Laws
| Forum | Last post |
|---|---|
|
I have a lease until June 2012, but I am very unhappy with my living situation, I pay half of the rent. I am a....
I cannot answer this question based upon your statement. Who are they....
|
2/8/2012 11:00 by Alexm2012 |
|
Is it legal for Massachusetts employer to send a SALARIED employee home for the day, without pay, for a dress ....
Federal and Massachusetts courts have upheld employee dress codes as l....
|
2/8/2012 09:09 by Munsterwoman |
|
Hi, I'm the grandmother of 4 beautiful grandchildren. The oldest has hit a rough spot with defiance (puberty ....
I'm very sorry about your situation and the ordeal your family is goin....
|
2/7/2012 23:02 by gramy |
|
Hello. I'm in the middle of an appeal for SSDI and my attorney asked me to get a residual functional capacity....
First, I guess it's not a good sign that you do not trust your current....
|
2/7/2012 08:18 by Adam13 |
|
Hi everybody.
I am trying to make an offer on a house, which is an estate sale. As I understand, the execut....
|
2/6/2012 13:50 by ilya980 |
|
I've been helping a friend pay for a lawyer to go to probate court.
Her ex-Boyfriend, whom she is taking to c....
|
2/6/2012 12:21 by rbiddle |
|
If I witness a person getting beat up at a party and just run away without calling the cops or helping the guy....
I don't think so. In terms of civil liability (as opposed to cri....
|
2/3/2012 07:17 by Coller |
|
My father passed away in September. The probate is over and settled, no contests to the will. My mother is the....
Your dad died in September and the probate is already settled – ....
|
2/2/2012 18:50 by JGraul |
|
Hi. My cousin is charged with possession with intent to distribute drugs in a Massachusetts court. He is not a....
Unfortunately for your cousin, if an immigrant is convicted of certain....
|
2/2/2012 08:07 by Sister6 |
|
Just curious if you have any thoughts or have read any information regarding the success rate of divorce media....
Yes, I've also seen the 90% estimate on various websites, with some me....
|
1/24/2012 11:47 by RRM |
|
Several of my colleagues will dictate consultation notes in which they state they don't have the complete hist....
The question probably boils down to whether or not such practice is wi....
|
10/2/2011 18:37 by Anonymous |

Editor's Response
You didn't give a lot of specifics, so I will give you a general answer. First year law students learn that, for an injured party to recover on a negligence claim, they must show that the defendant owed a duty to the plaintiff, that she breached that duty and, as a result, the plaintiff suffered damages. Essentially, in this context, a duty is a legal obligation that the law places on one party toward another to act in a certain way (or to refrain from doing something). So, to your original question, when we are performing some action (like driving a car), we all owe a duty to those around us to act as a reasonably prudent person would under similar circumstances.
However, that does not mean that a duty exists in all situations. If there is no duty, there can be no liability, even if a different action by the person in question would have lead to a far better result. As an example, in most jurisdictions there was no common law duty for an bystander to assist an accident victim. Accordingly, the victim (or surviving family members) could not sue the bystander for failing to give assistance.
So, whatever the fact pattern, your brother will need to convince the finder of fact that the defendant breached his duty of acting like a reasonably prudent person under the circumstances. It sounds complex, but it really comes down to common sense. Follow this link for more information about the elements of a personal injury claim in MA.