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.