Will Insurance Cover a Personal Injury?

A duty is established by either statutory law or common law. The easiest duty to proof is one that is found in the statute for the state in which the injury occurred. For example, in Ohio it is illegal to drive in excess of the speed limit. Thus, the law will impose a duty on drivers in Ohio to remain under or at the posted speed limit. Proving that a driver that hit you was going faster than the speed limit is just one way in which you might establish a duty that was owed to you. More generally, caselaw has determined that people in society have a duty to act as a reasonably prudent person under the same or similar circumstances. What is means in any individual case will vary significantly depending on the individual characteristics of that case. But in general, the law holds that citizens of America have a duty to act reasonably to prevent harm to others. There are many factors that are considered in determining whether somebody has acted as a reasonably prudent person. These factors could include mental capacity, cognitive abilities, age and experience.