Tag Archives: Duty of Care
When Does a Store Owe a Customer a “Duty of Care”?
In any kind of personal injury case based on negligence, a plaintiff must first prove the defendant owed him or her a “duty of care.” In the context of a car accident, for example, a driver has a duty of care to operate their vehicle in a safe manner. And with respect to premises… Read More »
Establishing a Defendant’s “Duty of Care” in a Negligence Case
In a personal injury lawsuit based on negligence, a plaintiff must prove that the defendant breached some “duty of care.” As a general rule, according to the Tennessee Supreme Court, when a person “assumes to act, even though gratuitously,” he or she “may thereby become subject to the duty of acting carefully,” and can… Read More »