Breach of duty occurs when an individual’s conduct fails to meet an applicable standard of care. This standard of care usually revolves around the concept of the reasonable person standard – whether someone acted with care as the average person would have in those circumstances.
Simply put, breach of duty means that somebody had a duty to act in a certain way, but failed to do so. For example, when a driver gets behind the wheel of a vehicle, they have a duty to follow all rules of the road. Speeding through a red light and causing a car accident, as an example, is a breach of duty because the driver has a duty of care to maintain the legal speed limit and obey traffic signals so as to drive safely and not injure anyone. Therefore, breach of duty is paramount in establishing negligence. After sustaining an injury, the first step is determining whether a duty existed between the parties. To prove negligence, you must provide evidence that:
It can often be relatively easy to prove breach of duty due to doctrine called res ipsa loquitur. Literally translated as “the thing speaks for itself,” this doctrine applies to situations where the only explanation for something happening is that some duty was breached.
As an example, say you paid to have some expensive wine stored in a specialty storage facility that guaranteed it had generators, and that the ideal conditions and temperatures would be maintained. You went to get a bottle and found that it had been ruined due to extreme heat and many of your other bottles had exploded. You may not be able to prove precisely what happened. Perhaps the company did not maintain their generators or maybe they set the controls to the wrong temperature or maybe they used a flamethrower on your wine. Who knows? Regardless of what really happened, they had a duty to keep your wine safe and the condition of your wine speaks for itself – res ipsa loquitur.
Client Reviews
Year of 2023 
This law firm is absolutely amazing. They took on my case, when nobody else would! They fought hard for me when it seemed there was no hope. They kept me informed and always asked for my input before making decisions on my case. Gary puts himself into every case unlike most law firm owners. Gary and his team really care about every one of their clients, and fights hard to get you a fair settlement. They actually won my case out of court, and then reduced my fees to make sure I could get my car fixed and be able to get back to some normality. I would recommend Burger Law over and above any other firm! If you go somewhere else you aren’t getting the best!
7 months ago I am very happy with the staff at Burger Law. I mostly worked with Michael Sheldon, and he did an amazing job. I trusted him completely with my case, and he did not disappoint. I would definitely recommend this team if your ever in need of good attorneys.
3 months ago Burger Law Firm is fantastic. Laura and Genevieve were so amazing and helpful throughout the entire process. They helped me with my personal injury case every step of the way and succeeded at getting me the results I desired.
a year ago We had a great experience with Burger Law for representing us after a serious car accident. Truly impressed by how professional and supportive the entire team is. And, many thanks to Genavieve and Laura – you are amazing!
a year ago They did an amazing job on my case! Communication with them was great!!! Kept me informed and in the loop with everything that was going on!!! Will definitely be the 1st ones I’ll call if ever I’m in another accident!!! Thank you very much!!!
5 months ago Let me tell you something about Burger Law.. they are so attentive and kind. Jennifer is my savior!! I love the whole team!!! They are truly a miracle team!! I appreciate their business and would recommend it to others.
2 months ago Absolutely the best law firm in the St. Louis area. No matter the size of your case you are treated as if you are the only client on the roster. Will explain anything thoroughly and they work around your availability. Very impressed and appreciative of the service.
11 months ago Gary and Casey took great care of me for 2.5 years as my lawsuit was finally settled. I feel he helped me achieve justice for me and my 4 children after their father died from medical malpractice and neglect. Thanks to Gary, my kids now have a great start to their college and adult lives. Thank you Gary and Casey, for fighting for us so hard at our most trying and difficult time in our lives thus far. Love and God bless from my family to yours!
View More Reviews on Google Maps and Yelp
