In negligence, what does breach of duty refer to?

• A. A failure to meet the standard of care
• B. An intentional act to harm
• C. An unavoidable accident
• D. A legal defense

Answer: (A)

Breach of duty means failing to meet the standard of care expected in the given situation. The standard of care is what a reasonable person would do under similar circumstances, and for professionals it is the level of skill and care of a reasonably competent member of that profession. In negligence cases, you prove four elements: duty, breach, causation, and damages. Breach occurs when conduct falls short of that expected standard. This is different from an intentional act to harm, which would be a different tort, and from an unavoidable accident, which isn’t automatically negligence unless there was a failure to meet the required standard. A breach can be shown, for example, by not taking reasonable steps to warn of a hazard or not following established safety procedures.