Establishing a duty of care is the first step to proving negligence in most personal injury claims. If someone owes you a duty of care, they have a responsibility to act in a reasonable manner, with attention, caution and prudence, in order to prevent causing injury or harm.
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Some duties of care are general responsibilities we all owe to each other. For example, a driver owes other motorists, passengers, bicyclists, motorcyclists and pedestrians a duty of care to drive safely and not injure anyone. If a driver causes a car accident and injures you because they ran a red light, they violated their duty of care. Another example of violating a general duty of care could be a neighbor cutting down a tree on your property that, when it fell, caused damage to your roof.
Other personal injury cases depend on the relationship between the plaintiff and defendant:
- Workers’ compensation — Employers owe their workers a reasonably safe working environment, relative the type of employment (there are inherent risks in being a police officer or construction worker that do not apply to office workers).
- Medical malpractice — A doctor or other healthcare professional has a responsibility to treat a condition how a prudent doctor in the same field would, also known as the standard of care. In order to owe you a standard of care, a doctor-patient relationship must have been established.
- Product Liability — Manufacturers have a responsibility to safely design, test and manufacture a product, and to warn of any inherent risks that come with a product’s foreseeable use.
- Premises liability — Business owners, landlords and other property owners owe a responsibility to keep a property safe for people who are lawfully present.
- Dog bites — Pet owners need to ensure their pets are in their control and not able to harm anyone.
Some duties of care depend on the plaintiff’s actions as well. If you provoke a dog that bites you, are injured when trespassing on a property or use a product unreasonably, you would not have a claim as your actions negate the other party’s liability to keep you safe.
Client Reviews
What our clients are saying about us
Juanita Matthews
Year of 2023
This law firm is absolutely amazing. They took on my case, when nobody else would! They fought hard for me when it seemed there was no hope. They kept me informed and always asked for my input before making decisions on my case. Gary puts himself into every case unlike most law firm owners. Gary and his team really care about every one of their clients, and fights hard to get you a fair settlement. They actually won my case out of court, and then reduced my fees to make sure I could get my car fixed and be able to get back to some normality. I would recommend Burger Law over and above any other firm! If you go somewhere else you aren’t getting the best!
Shaunda S.
7 months ago
I am very happy with the staff at Burger Law. I mostly worked with Michael Sheldon, and he did an amazing job. I trusted him completely with my case, and he did not disappoint. I would definitely recommend this team if your ever in need of good attorneys.
Emelia M.
3 months ago
Burger Law Firm is fantastic. Laura and Genevieve were so amazing and helpful throughout the entire process. They helped me with my personal injury case every step of the way and succeeded at getting me the results I desired.
Helen L.
a year ago
We had a great experience with Burger Law for representing us after a serious car accident. Truly impressed by how professional and supportive the entire team is. And, many thanks to Genavieve and Laura – you are amazing!
Judy M.
a year ago
They did an amazing job on my case! Communication with them was great!!! Kept me informed and in the loop with everything that was going on!!! Will definitely be the 1st ones I’ll call if ever I’m in another accident!!! Thank you very much!!!
Chelsea C.
5 months ago
Let me tell you something about Burger Law.. they are so attentive and kind. Jennifer is my savior!! I love the whole team!!! They are truly a miracle team!! I appreciate their business and would recommend it to others.
David D.
2 months ago
Absolutely the best law firm in the St. Louis area. No matter the size of your case you are treated as if you are the only client on the roster. Will explain anything thoroughly and they work around your availability. Very impressed and appreciative of the service.
Lisa B.
11 months ago
Gary and Casey took great care of me for 2.5 years as my lawsuit was finally settled. I feel he helped me achieve justice for me and my 4 children after their father died from medical malpractice and neglect. Thanks to Gary, my kids now have a great start to their college and adult lives. Thank you Gary and Casey, for fighting for us so hard at our most trying and difficult time in our lives thus far. Love and God bless from my family to yours!