What is Duty of Care?
A legal obligation requiring a person or entity to exercise a reasonable level of caution and prudence to avoid causing foreseeable harm to others.
Understanding Duty of Care
Duty of care is the first element a plaintiff must prove in a negligence claim. The standard is typically what a reasonably prudent person would do under similar circumstances. Certain relationships create heightened duties, such as doctors to patients, employers to employees, and property owners to visitors. Without establishing that the defendant owed a duty, there can be no finding of negligence.
Examples
- 1Drivers owe a duty of care to other motorists, pedestrians, and cyclists
- 2Property owners owe a duty to maintain safe conditions for visitors
- 3Doctors owe a heightened duty of care to their patients
Related Terms
Breach of Duty
A failure to meet the applicable standard of care or to fulfill a legal obligation to act reasonably, which is a required element of a negligence claim.
Proximate Cause
The primary or legal cause of an injury that is sufficiently related to the harm to justify holding the defendant responsible, even if other factors also contributed.
Negligence
The failure to exercise the level of care that a reasonably prudent person would exercise in similar circumstances, resulting in harm to another person or their property.
Standard of Care
The degree of care and skill that a reasonably competent professional in the same field would provide under similar circumstances.
Assumption of Risk
A legal defense asserting that the plaintiff knowingly and voluntarily accepted the risks associated with a particular activity and therefore cannot recover damages for resulting injuries.
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