Breach of Duty by an Agency and Resolution
Provided by HG.org
Agencies often owe a duty of care to clients or customers, and there is usually some form of contract drafted and signed between businesses in this manner. The duty may be to ensure no danger occurs while within or on the property of the entity, it may be duty of care to prevent injury or another duty similar in scope.
It is when this duty is breached that litigation usually occurs. However, in order to sue a company that has breached the duty it owes to the customer or client, injury is usually necessary. Harm befalling the victim may be physical, emotional or financial. Some agencies owe a duty to ensure income that has been earned and placed in the hands of employees is not stolen or lost due to negligence.
If a person has been emotionally traumatized on the property owned by an agency, it is possible the duty owed to the individual was breached. In order to resolve the matter, a lawyer is usually required. However, additional factors are often needed before a case may be pursued. Additionally, it may be more beneficial to seek a negotiated offer for a swifter conclusion to the matter. If both parties are amenable, mediation or arbitration could be sought to a binding resolution where both the victim and the agency come to a compromised arrangement. A lawyer is still often recommended for advice and assistance in understanding the processes and information given.
Owing a Duty of Care
Negligence is usually what occurs when a duty of care is breached. However, it must first be determined if a duty of care was owed to the person affected by the situation. This means that the court or lawyers must consider the actions of the victim and any preventable measures taken by the organization in order to mitigate possible danger. Both parties must have some form of relationship such as client and company with good or services purchased and sold. Any injury that might have transpired should have been foreseeable for a duty to be owed, and the duty imposed must have been reasonable. This means it may not be possible to hold an agency responsible for a stampede of cattle if none were on the property or owned by the business.
After it is known if a duty of care is owed to the agency, entity or person, it must be determined if a breach was caused in some manner. This means that the agency involved failed to provide the duty of care to the victim. This may be due to an injury, emotional distress, the threat of danger or risks to his or her health. Typically, a lawsuit is filed for these breaches due to injury. If harm did occur, there are three factors available for litigation to be pursued against the agency that did not hold up its end of the situation. Medical documentation is usually necessary along with any other evidence such as photos of the scene, testimony of others that may be included in the incident or video through security cameras.
Damage through a Breach
Sometimes the breach of duty did not cause injury but damage. This may be property destruction, theft or economic loss by the actions of the agency. When one company is doing business with another, this could be a payment that was never submitted for services or products, the theft of information critical to business transactions or items being damaged by negligent behavior. In these situations, the breach of duty was to ensure proper connections and associations were maintained along with any actions necessary for daily business needs. In most of these cases, the matter is settled without the need for a court room, but a lawyer is hired to ensure the matter is dealt with.
Resolution for Breach of Duty
When a breach of duty occurs, the usual manner of resolution is litigation or settling with the agency legally. This may occur through a settlement offer, negotiation of a remedy or compensation for the damages owed. The path chosen depends on the breach and any harm accomplished. A business lawyer is essential in these matters to ensure the conclusion of the concern is valid and legal. With an experienced legal representative, it is possible to keep the issue out of the court and away from the publicís eye. This ensures business transactions may remain intact without any complications to the interest of the company or shareholders.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.