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Glossary · Negligence Law

Breach of Duty

A breach of duty occurs when someone fails to meet the standard of care the law requires of them — the second element of every negligence claim, after duty itself.

Negligence Law

What “Breach of Duty” Means

A breach of duty occurs when someone fails to meet the standard of care the law requires of them — the second element of every negligence claim, after duty itself. A driver who texts, a store that ignores a spill, a trucking company that skips inspections: each has breached the duty of reasonable care owed to others.

Why It Matters in Your Texas Case

Proving breach is where evidence does its work. In McKay Law cases, breach gets established with specifics, not adjectives: phone records showing the text at impact, sweep logs showing the aisle went unchecked for hours, ELD data showing a driver pushed past federal hours limits. Texas juries respond to concrete failures, and insurers price claims by how provably the breach is documented — which is why our investigators work scenes and records while the proof still exists.

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