Skip to content 
Breach Of Duty Explained
Find out about a breach of duty and why this is important to consider when claiming compensation.
£100 million in compensation
Breach Of Duty Explained
Find out about a breach of duty and why this is important to consider when claiming compensation.
AS SEEN ON
Organisations, businesses, and individuals are legally bound in everyday situations to take certain actions to protect the health and safety of others. This is known as a duty of care. When they fail to take the necessary steps to meet this legal obligation, then they are said to be in breach of duty.
If you wish to claim compensation for injuries sustained in an accident, it will be necessary to show how exactly you were harmed as a result of a breached duty. There are various ways to do this, including providing photos from the immediate scene and copies of the accident book report.
You have likely come across a lot of legal phrases when researching your claim. There is no need to figure everything out yourself, as our advisors are available to help you. Whether you would like to know more about the claims process, discuss your own situation, or enquire about the work of our solicitors, they can advise you.
- Submit your claim online
- Call us on 0151 375 9916
What Is Meant By Breach Of Duty?
In a compensation claim, a breach of duty refers to a party’s failure to take reasonable steps to meet their obligations under health and safety laws. This applies in many contexts, including workplaces, public spaces, on the roads, and in medical settings. There are different laws for these scenarios; the specific procedures will vary depending on the situation.
If you think that your injury has been caused by another party’s failure to meet their duty to you, you may be entitled to claim compensation. Get in touch with our friendly team of advisors to check your eligibility and potentially start the claims process.
How To Determine If Duty Of Care Has Been Breached
To determine if a breached duty of care has occurred, you must establish that another party failed to meet their legal obligations to you. This means you will need to consider the specifics of your accident and its cause.
Imagine that you had an accident at work. Consider whether your employer gave you adequate training, personal protective equipment (PPE) and regularly assessed your workplace for risks. The health and safety requirements may be tailored to your role. For instance, if you do a lot of manual labour, you should be given manual handling training.
You would also need evidence to prove that another party breached their duty. So, sticking with our workplace accident example, you can use training logs to show that the employer has not met the Manual Handling Operations Regulations 1992.
In order to assess whether a breach occurred, courts typically apply the reasonable person test. This is where they consider what an ordinary, reasonable person would have done or not done.
You can learn more about a breach of duty and how it can be established in your case by contacting our advisory team. They can assess the circumstances of your injuries for free.
Authorised, Regulated & Trusted by Thousands
Our Latest Customer Reviews
Will A Breach Of Duty Always Cause Injury?
No, a breach of duty will not always cause injury, as many accidents occur without harming anyone. It is important to note that you cannot claim compensation unless the breach caused you some form of injury, either physical or psychological.
Get in touch with our advisors today to discuss your accident and check whether you could be entitled to compensation.
How Can I Prove A Breach Of Duty Occurred?
You can prove a breach of duty by using evidence to show the cause of your accident and injuries. Common forms of evidence in compensation claims include CCTV footage, photos of pavement defects or other hazards, and accident reports.
Don’t worry if you’re not sure about what evidence you can provide. Our personal injury evidence guide explains this further. You can also read about proving a medical negligence claim.
If you qualify to make a claim with one of our solicitors, they will help you to select your evidence and advise on any aspects of the process that you are unsure of. Get in touch with an advisor today to find out whether you can take the next steps.
We pride ourselves
on providing the best service
possible for our clients.
We pride ourselves on providing the best service possible for our clients.
Get Legal Advice After A Breach Of Duty From JF Law
At JF Law, our solicitors can help you to make a claim for a breach of duty. In this section, you can learn all about the fee agreements they use and what services are offered.
How Our Solicitors Can Help Your Compensation Claim
Our solicitors are experts in the process of claiming compensation, as they have years of legal training and experience. At JF Law, we have a deep understanding of what it takes to prove a third party’s breach of duty and build a compelling case for compensation. This includes:
- Explaining how a breach of duty applies in your case, and who could be held liable
- Highlighting ways to prove a breach of duty and helping obtain evidence showing how this directly caused you harm
- Arguing for the compensation to reflect the impact that the accident has had on you
- Assisting you with applying for interim payments (this is a payment that some clients can access before the case has been totally settled)
- Managing correspondence with the defending party on your behalf
Can I Make A No Win No Fee Claim With JF Law?
Yes, there is an option to make a No Win No Fee claim with a solicitor from JF Law. To proceed on this basis, you would need to sign a Conditional Fee Agreement (CFA). Following this, you would not be asked to pay for your solicitor’s work during the claim, including:
- Before you start claiming
- As the claim makes progress
- If compensation is not given to you
However, if you do get compensation, you will be asked to pay a success fee. This takes the form of a percentage of the compensation that you owe to your solicitor. The percentage is capped at a legally mandated level, ensuring that the largest portion of the compensation remains with you.
Contact Our Solicitors
It can be difficult to understand the breach of duty, especially if you have just experienced a stressful accident. You can speak to an advisor today to confirm whether you meet the criteria to claim. There is also the chance to work with one of our expert solicitors, who would provide specialist support every step of the way. Why not enquire today?
- Submit your claim online
- Call us on 0151 375 9916
Learn More
Read some of our other legal glossary pages using the link below:
- Learn what a litigation friend is
- Find out about Conditional Fee Agreements
- Visit our guidance on contributory negligence
External resources:
- Read the Health and Safety Executive (HSE) information on workplace health and safety legislation
- Check whether you can claim Statutory Sick Pay (SSP)
- Learn how to give first aid from the NHS
Thank you for reading this guide on the breach of duty.
Contact Us
Our helpline is open 24 hours a day, 7 days per week.
All calls are free and there’s no pressure whatsoever to proceed with a compensation claim.
If you write to us, we aim to respond within an hour or two, and no more than a few hours.
Request a Callback