Breach of duty

Breach of duty is the step in negligence analysis asking whether the defendant’s conduct fell below the required standard of care. The standard is usually objective: what a reasonable person, professional or operator would have done in the circumstances. Courts consider the likelihood and seriousness of harm, the burden and effectiveness of precautions, accepted practice, statutory or technical standards, and whether the defendant created or controlled a risk. In Swiss law the same evaluation often appears under fault, violation of protective norms, contractual duties or danger-control duties rather than under a separate common-law heading. A breach alone is not enough for liability; the claimant must still show legally relevant damage and causation, and any defences or liability limits may affect the outcome.