What is Meant by Legal Duty?
To prevail on a wrongful death duty is a required element to prove. Generally, that the defendant / wrongdoer failed to act as a “reasonable person / company” and owned that duty to the deceased / plaintiff. The duty can be the creation of state or federal statutes or regulations or the duty can be under a reasonable person standard. In cases where it is alleged that the responsible party was a professional the element of duty is usually established by experts. In Minnesota medical malpractice cases are required to have certified expert review to set forth the standard of care and its breach(es) before a case can be brought by the attorney under Minn. Stat. 145.682. Depending on the type of case there may be expert testimony required to establish some or all of the elements, such as legal duty, breach of the duty, causation of the death and damages
The Duty is Often a Proactive Task or Obligation
Wrongful death duty can be the expectation that other drivers obey the rules of the road, that contractors use safe ladders and scaffolds, a mechanic safely inspects the brakes, neighbor has fence around pool to keep children and pets out, electrician wires house to code, medical providers gives the right medication…. The duty is the obligation to do the correct work or necessary safety precaution(s).
Contact an Experienced Attorney
The attorneys for the wrongdoer defense wrongful death cases by trying to show that the burden of proof, which rests in most cases which the plaintiff was not met for some or all of the elements of case. Often the defense is made in pretrial motions or a close of evidence. Hire an attorney with three decades experience to help survive defense arguments.
If you have concerns about whether there was a legal duty for a party and its breach lead to the death of someone in your family contact attorney Kenneth LaBore for a free consultation to discuss you questions and options at 612-743-9048 or by email at KLaBore@MNnursinghomeneglect.com.