What Is Breach of Duty? 

If you’ve been hurt by another person’s wrongful actions, you may be able to file a personal injury claim based on negligence. Negligence is the legal concept that a person or entity should be held responsible if they fail to act as a reasonable person would in a similar situation, resulting in harm to someone else.

To succeed in a negligence claim, you must prove several elements, and one of the most critical is breach of duty. In this article, we’ll explain how Wisconsin law handles negligence cases, what “breach of duty” means in this context, and how to prove it.

The Basic Elements of Negligence in Wisconsin

In Wisconsin, like most states, a personal injury claim based on negligence typically involves proving four main elements:

• Duty of care: The defendant owed you a legal duty to act (or not act) in a certain way.
• Breach of duty: The defendant failed to meet that duty.
• Causation: The breach of duty directly caused or contributed to your injuries.
• Damages: You suffered measurable losses (like medical bills or lost wages) because of the defendant’s actions.

If even one of these elements is missing, a negligence case usually falls apart. That’s why it’s so important to understand each part of the puzzle, especially breach of duty—the point where the defendant’s behavior fell short of what Wisconsin law expects.

Understanding Duty of Care

A duty of care is a legal obligation to act with reasonable caution to avoid harming others. This duty can come from different sources. 

For example:

• Drivers must follow traffic laws, keep their attention on the road, and operate their vehicles safely.
• Property owners should maintain their premises so visitors aren’t exposed to hidden dangers.
• Doctors must follow professional standards when treating patients.

In Wisconsin, whether a duty of care exists can depend on the relationship between the parties and the facts of the case. If it’s clear that a duty applies (like a driver’s duty to drive responsibly), you move on to the next question: Did the defendant breach that duty?

What Is a Breach of Duty?

A breach of duty happens when someone does not meet the standard of care expected of them in that situation. In other words, the defendant acted (or failed to act) in a way that a reasonable person would not have under the same conditions. This could include careless, reckless, or even intentionally harmful behavior.

For example:

• A driver running a red light may have breached their duty to drive safely and follow traffic signals.
• A business owner who ignores a large spill in their shop could be breaching their duty to keep the premises reasonably safe for customers.
• A nurse who fails to follow standard medical protocols might be breaching their duty of professional care.

Breaches can be obvious (like driving the wrong way on a one-way street) or more subtle (like driving too fast in bad weather, even if it’s under the speed limit). In any case, proving that breach occurred is a central part of winning a negligence claim.

Proving a Breach of Duty in a Negligence Claim

To demonstrate a breach of duty, you’ll typically need evidence that shows how the defendant’s actions compared to what a “reasonable person” would have done. 

Some of the most common forms of proof include:

• Witness statements: People who saw the incident or can testify about the conditions (like a wet floor) may help establish that the defendant was careless.
• Photos or videos: Visual evidence from security cameras or smartphone footage can illustrate how the defendant acted or what the scene looked like at the time.
• Official reports: Police crash reports, safety inspection records, or other documents may outline the facts that indicate negligence.
• Expert testimony: In complex cases—like medical malpractice—expert witnesses can explain the professional standard of care and how the defendant violated it.

It’s not enough to say the defendant was careless. You must prove it with solid, credible evidence. A skilled attorney knows where to look for this proof, how to gather it, and how to present it in a way that makes your case stronger.

A Madison Personal Injury Lawyer Can Help You Prove the Elements of Negligence

Understanding “breach of duty” is only one part of a successful negligence claim. You must also gather evidence, deal with insurance adjusters, and show how the other side’s carelessness caused your injuries. That can be overwhelming when you’re already facing medical bills, lost wages, and a long recovery.

An experienced Madison personal injury attorney from Eisenberg Law Offices, S.C. can make a real difference. A lawyer can help identify your best legal strategies, build a strong case based on Wisconsin law, and negotiate with insurance companies so you can focus on getting better. If you’d like to learn more, contact us today at (608) 256-8356 for a free case review.