Duty of Care

Public liability

We all owe a duty of care to others, 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?

A duty of care is the legal duty to take all reasonable steps to do (or not do) something that would foreseeably cause harm to someone else or to their property.

Owing someone a duty of care is what’s called a ‘common law’ concept. It’s also enshrined as a statutory obligation in some instances, relevant to certain jobs or situations (see below).

Duty of care meaning

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 potential risk of injury or harm to another person (without the benefit of hindsight)
Would have behaved differently to reduce the risk of harm to another

Breach of duty of care

A breach of duty of care happens when:

A person (or business or government entity) owes a duty of care to another, because of a reasonably foreseeable risk of injury
You’re injured, harmed or suffer loss, because of the action or inaction of the responsible person
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

Someone may not be at fault for your injury. But if you’re wondering, when you owe a duty of care to someone, there are a few duty of care examples, with a recognised duty of care relationship. These include:

Duty of care examples might include:

Shop owners to their customers (such as for slips and falls)
Local government authority to residents (such as to reduce the risks of tripping and falling on footpath)
Doctor to patient
Landlord to tenant
The duty of care in childcare and in schools, owed by teachers to students
Road user to road user (including the duty of care to pedestrians)
Dog owners to members of the public
Cafe and restaurant owners to their customers, to ensure their food is safely stored, prepared and served
Theme park and activity park owners, to ensure their rides and spaces are safe
Duty of care in the workplace for employers' duty of care to employees to provide a safe workplace
Duty of care to disabled support workers, to provide a safe working environment

Responsibility or duty or care - making a claim for compensation

If you’ve been injured and you believe it’s because of a breach of duty of care, you could claim compensation for your injuries and their impact on your life.

For your breach of duty of care claim to be successful, our experienced legal team must be able to prove three things:

A person, entity or company owed you a duty of care
The person, entity or company breached their duty of care
Because of their breach of duty of care, you were hurt and suffered a loss.

If you’d like to get started and determine if you have an eligible claim, use our free claim checker. It’s free and only takes a few minutes to complete.

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

Depending on the circumstances of your injury, you may have a public liability claim, medical negligence claim or other claim for compensation. We will work with you to ensure your claim is made 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 care claim is successful, you'll receive the compensation you deserve, so you can focus on your future.

Contact Shine Lawyers

If you think your injury or loss is because of a breach of a duty of care it’s important to seek legal advice as soon as possible. Strict legal time limits may apply to your case.

The laws of negligence and liability (relevant to a breach of duty of care) are extremely broad and cover many situations. One of our expert lawyers can advise if you have a breach of duty of care 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. Contact us and let’s right wrong together.

Written by Shine Lawyers. .

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