Shine Lawyers Main Logo

Duty of Care

Public liability

We all owe a duty of care to others. A duty of care is the legal or moral responsibility to take all reasonable steps to not cause foreseeable harm to another person or their property. 

What is duty of care and why is it important?

Owing someone a duty of care is what’s called a ‘common law’ concept. It’s relevant in situations where it’s reasonably foreseeable that a person or their property could be harmed by a person’s conduct. If you’re the person who owes a duty of care to someone else, the risk of harm is ‘reasonably foreseeable’ if:  

  • A reasonable person in your position ought to have known of the risk of injury or harm to another person, without the benefit of hindsight 

Breach of duty of care 

A breach in the duty of care means one party has done something, or failed to do something, which may result in injury to another and cause them to suffer a loss. If the injury of harm was reasonably foreseeable, the injured party may have a compensation claim for negligence. H2: When is there a breach of duty of care? A breach of duty of care occurs when: 

  • There was a reasonably foreseeable risk of injury 

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

  • A reasonable person in the same situation would have acted differently, to prevent or reduce the reasonably foreseeable risk of injury.  

What are duty of care examples 

If you’ve been injured, there may not be someone at fault. There are however many different recognised relationships between individuals and groups that give rise to a duty of care. These include a duty of care owed by: 

Responsibility or duty or care - making a claim for compensation 

If you’ve been injured because of a breach of duty of care, you may have a claim for compensation for your injuries and the impact they have had on your life. For your breach of duty of care claim to be successful, our expert legal team must be able to prove three things: 

  1. A person, entity or company owed you a duty of care 

  2. The person, entity or company breached their duty of care 

  3. Because of their breach of duty of care, you were hurt and suffered a loss. 

How to claim for injury compensation after a breach of duty of care

We confidentially listen to and assess your claim for breach of duty of care

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

We will lodge your claim relevant to the breach of duty of care 

We will work with you to ensure your claim form is submitted correctly and in line with relevant time limitations that may apply in your case. 

We’ll build your breach of duty of care claim and keep you informed

We’ll 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 your legal case while always keeping you in the loop.  

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

We’ll negotiate to settle your breach of duty of care claim early, if possible

An early settlement involves both parties getting together to discuss the resolution of a claim, without going to court. We’ll conduct these negotiations on your behalf. 

If required, resolve your breach of duty of care claim in court

Only a small percentage of cases result in a court hearing. If your case ends up going to court, our Shine legal team has the skill and experience to guide you through the process. We’ll ensure you’re feeling comfortable and confident throughout this process and inform you of what’s required from start to finish. 

If your breach of duty of care claim is successful, you’ll receive the compensation you deserve, so you can focus on your future. 

Contact Shine Lawyers

If you think you’ve been injured or suffered loss because of a breach of a duty of care owed to you,  you should seek legal advice as soon as possible. Strict legal  time limits may apply to your case.  

The law of negligence (relevant to a breach of duty of care) is extremely broad and covers many situations. One of our expert lawyers can advise if you have a claim and be with you every step of the way. We’ll help 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 compensation claim

What happens next:

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

  • Speak with our public liability team about your options

Back to top

GET THE LATEST FROM SHINE LAWYERS

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.

Shine Lawyers Pty Ltd | ABN 86 134 702 757

Copyright 2024 Shine Lawyers. All Rights Reserved