In wrongful death cases, families grapple with immense grief as they seek justice for the sudden loss of a loved one. A crucial aspect of these legal pursuits involves establishing the concept of “duty of care.” Joseph Gates, a wrongful death attorney at Gates Law Firm, PLLC in Little Rock, Arkansas, highlights its significance in state law and its role as the foundation for achieving fair compensation and accountability.
At its core, duty of care refers to the legal obligation that individuals or organizations hold to act with reasonable care to prevent harm to others. Joseph Gates notes that the success of many wrongful death claims relies heavily on determining whether this duty existed, if it was breached, and whether that breach directly resulted in the death. “In any wrongful death case, proving the existence of a duty of care is the first step toward justice,” Gates explained. Families approaching his office often seek clarity not just on compensation but also on accountability—desiring to understand who is responsible and the legal implications of the actions taken.
In Arkansas, establishing a wrongful death claim requires proof of four primary elements: duty of care, breach, causation, and damages. Among these, duty of care is frequently the most contested and legally intricate. Under Arkansas law, the standard for duty of care is typically assessed using “ordinary care,” defined in jury instructions as the level of caution a reasonable person would exhibit in similar circumstances. This standard is relevant in a variety of everyday situations, such as driving or maintaining safe premises. “Ordinary care is not merely a moral expectation; it’s a legal standard that courts and juries use to evaluate claims of negligence,” Gates noted.
Certain relationships are subject to more specific obligations. For example, in medical malpractice cases, Arkansas enforces the “locality rule,” which evaluates doctors according to the standard of care practiced within their local community rather than national benchmarks. “This locality rule can complicate cases of medical negligence, especially in rural areas with differing practices,” Gates said.
Premises liability further outlines different duties of care based on an individual’s legal status on the property. Guests invited for business purposes, like customers, are owed the highest level of care, while social guests receive a lesser duty, and trespassers often have no rights to safety. Gates emphasizes that these distinctions are crucial for assessing wrongful death cases occurring on private property.
The duty of care is heightened in situations involving common carriers—entities that transport individuals for a fee, such as buses or ambulances—where the law mandates the “highest degree of care” to ensure passenger safety. “When someone boards public transport, they place their trust in that service, recognizing the substantial responsibility that comes with it,” Gates pointed out.
After establishing duty of care, it’s essential to prove a breach of this duty, which occurs when the responsible party fails to uphold their legal obligation. Examples of breaches include a driver texting while driving, a misdiagnosis by a physician, or a business owner neglecting known safety hazards. However, mere breach is insufficient; a direct link must also be shown between the negligent action and the death—this is known as causation. Arkansas law necessitates demonstrations of both actual and proximate cause, meaning it must be shown that death wouldn’t have occurred without the breach and that the outcome was foreseeable. Gates underscores the importance of legal accountability for preventable tragedies.
Damages, the final element in a wrongful death claim, in Arkansas come in two categories: losses experienced by the family and losses sustained by the deceased’s estate. These can encompass funeral expenses, lost income, and emotional suffering. Unlike some other states, Arkansas does not automatically distribute damages among family members; each must demonstrate how the loss tangibly impacted them.
Gates also warns families about Arkansas’s strict comparative fault laws. If the deceased is deemed 50% or more responsible for the incident, the family will be barred from recovering any damages. “This rule can drastically affect the viability of a case, making careful, evidence-based strategies indispensable,” he said, emphasizing the importance of a well-informed legal approach.
Understanding the duty of care conceptually is critical for families navigating wrongful death claims, as it allows them to lay the groundwork for establishing liability. Those affected by such tragedies often need not only emotional support but also clear legal guidance. Joseph Gates and the team at Gates Law Firm, PLLC are dedicated to assisting families in securing justice through an in-depth understanding of duty of care, breach of rights, and Arkansas’s legal framework.
For families mourning the loss of a loved one due to negligence, pursuing legal action can serve as a means of safeguarding their rights. By grasping the legal facets of duty of care, breach, and comparative fault, families can enhance their chances of success in their claims. Engaging with experienced legal representation can pave the way for both accountability and compensation.
