In an article for the Sarasota Herald Tribune, Florida personal injury attorney Theodore Babbitt discusses being aware of the duty of care when handling cases of negligence.
A case of negligence requires proof of the following elements:
- Duty of care towards the person injured
- Failure to provide that care in a reasonable fashion
- Damages flowing from that negligent failure to provide care
For the existence of a legal duty, Florida adopted the foreseeable-zone-of-risk standard to be used by the courts. “When a person’s conduct foreseeably creates a broader zone of risk than exists for the general public a duty is created to prevent harm to people within that zone of risk.” This concept has been used for a variety of circumstances.
Click to see examples of cases using the Foreseeable Zone of Risk.