![]() ![]() ![]() People have a duty to comply with the law. Under Georgia law, they “are bound to use extraordinary diligence.” O.C.G.A. Common CarriersĪ common carrier is a company that transports passengers or goods. This is likely a breach of duty on the orthopedist’s part because other surgeons under the same circumstances probably would have correctly read the patient’s chart. The surgeon misreads the patient’s chart and operates on the right foot instead of the left one. The surgery is to be performed by an orthopedist, but not the one who diagnosed the injury. It is that degree of care that is exercised by other competent professionals under similar circumstances.įor example, a patient comes into the hospital to have surgery to repair a torn ligament in their left foot. This standard applies when a professional provides a service to someone, for example, when a doctor treats a patient. Under these circumstances, most property owners would repair the deck or warn guests of the dangers of using the deck before allowing guests onto it. This is another likely example of a breach of duty. The deck fails, and the guests tumble to the ground, suffering many injuries. They all gather on the deck, sitting and watching the sunset over the lake. Then they invite friends over for the 4th of July. However, they’re too busy with work and decide to put off the repair for one more year. The owner realizes it may no longer be safe and that it needs to be repaired. A property owner has a deck attached to the back of their house, overlooking a beautiful lake.A reasonable grocery store employee would typically place a wet floor sign over a spill to prevent customers from walking over it. A jury might find that the employee/grocery store breached their duty to maintain safe premises for their customers by not using a wet floor sign to alert customers to a hazard. Another customer walks by, slips and falls, and breaks an arm. However, the employee does not put up a “wet floor” sign over the wet spot. An employee cleans up the spill and mops the area. A customer drops a container of milk at the grocery store.Let’s look at some common examples of this breach of duty: For ordinary negligence claims, a plaintiff proves that the defendant breached their duty of care by failing to act as a reasonable person would under the same circumstances. ![]() The normal standard is “that degree of care which is exercised by ordinarily prudent persons under the same or similar circumstances.” O.C.G.A. ![]()
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