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Duty of Care

Public liability

Duty of care is the legal or moral responsibility to protect the safety and wellbeing of others, which includes taking all reasonable steps not to cause foreseeable harm to another person or their property.

What is duty of care and why is it important?

Breaching a duty of care is commonly known as the law of negligence. A breach in the duty of care means one party that has done something, or failed to do something, which may result in injury to another and cause them to suffer a loss.

If the harm was reasonably foreseeable (that is that a reasonable person in the position of the person with the duty of care ought to have known of the risk of injury or harm), then the injured party may have a compensation claim.

When has a duty of care law been breached?

A breach in duty of care has occurred when:

  • You have been injured because of someone else’s behaviour (either their actions or lack of action); and

  • The risk of an injury occurring was clear; and

  • It was reasonably foreseeable that you would be injured as a result of the other person’s actions (or lack of action); and

  • If the behaviour that caused the injury was unreasonable (i.e. if a reasonable person in the same situation would have done things differently).

Duty of care examples

There is not always someone at fault if you’re injured. Many different relationships between individuals and groups give rise to a duty of care, this can include employer and employee relationships, when you are on the road operating a motor vehicle and when you are in a public place. Some common examples are:

Making a claim for compensation

If you’ve been injured because of a breach of duty of care law, you may have a claim for compensation for your injuries and the impact they have had on your life.

For your claim to be successful, our expert legal team must prove three things:

  1. That the person or company at fault owed you a duty of care;

  2. The person or company breached that duty of care; and

  3. As a result, you were hurt and suffered a loss.

How to make a public liability claim

We listen and assess your existing claim confidentially

During your initial obligation-free consultation we’ll take the time to listen and understand your individual needs. We’ll then map out the next steps and explain all the options available to you.

We will lodge your claim

We will work with you to ensure your claim form is submitted correctly and in line with the strict time limitations.

We’ll build your claim and keep you informed

We will work with you to gather all the documentation and medical evidence required to support your claim. You focus on your recovery and rehabilitation, and we’ll take care of the rest whilst always keeping you in the loop.

Once our investigations are complete, we will advise you of the best way forward.

We’ll negotiate to settle your claim early

An early settlement involves both parties getting together to discuss the resolution of your claim We will conduct the negotiations on your behalf.

If required, resolve your claim in court

Only a very small percentage of cases result in a court hearing. 

If this happens, our legal experts have the skill and experience to guide you through this.

We will ensure you’re feeling comfortable and confident throughout this process and inform you of what’s required from start to finish.

  If your claim is successful, you will receive the compensation you deserve, so you can focus on your future.

Contact Shine Lawyers

If you think you have a claim for negligence as a result of a party breaching a duty of care owed to you, and you have suffered harm you should seek legal advice as soon as possible, as strict time limits apply. The law of negligence is very broad and covers many situations. One of our expert lawyers will be able to advise if you have a claim and be with you every step of the way, helping you to get the compensation you need to be able to get your life back on track. Let’s right wrong together.

Check if you have a claim with our simple, free online tool. 

What we will ask:

  • Details about the accident and injuries that may have happened to you or your loved one

  • Basic personal information that is relevant and necessary for your claim

What happens next:

  • Either book a no-obligation appointment with a compensation law expert right away or,

  • Speak with our team about your options

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Shine Lawyers acknowledges the Traditional Custodians of the Country throughout Australia and their connections to land, waterways and community. We pay our respects to Aboriginal and Torres Strait Islander cultures; and to Elders past, present and emerging.

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