Civil Litigation & Disputes: Breach of Duty

The Civil Litigation & Disputes practice area focuses on resolving disagreements between people or businesses. One important part of this area is called "Breach of Duty." This happens when someone fails to meet their responsibilities, causing harm or loss to another person.

What is Breach of Duty?

In New Zealand, everyone has a duty to act carefully and responsibly. For example, a doctor must provide proper care to their patients, and a driver must follow traffic rules. If they do not, and someone gets hurt or suffers a loss, this may be considered a breach of duty.

Examples of Breach of Duty

• Medical Negligence: If a doctor makes a mistake during surgery that leads to serious injury, the patient may claim that the doctor breached their duty of care.
• Road Accidents: If a driver runs a red light and causes an accident, they may be held responsible for breaching their duty to drive safely.
• Property Damage: If a landlord fails to fix a dangerous issue in a rental property, and a tenant gets hurt, the landlord may be liable for breaching their duty to provide a safe living environment.

How Does It Work?

If you believe someone has breached their duty and caused you harm, you can seek legal advice. A lawyer can help you understand your rights and guide you through the process of making a claim. This may involve gathering evidence, negotiating with the other party, or even going to court if necessary.

Why is it Important?

Understanding breach of duty is crucial because it helps protect individuals and communities. It encourages people to act responsibly and ensures that those who are harmed can seek justice and compensation.

If you have questions about a potential breach of duty, it’s a good idea to speak with a legal professional who can provide guidance tailored to your situation.