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 claim for compensation.
When has a duty of care 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).
Common examples
There is not always someone at fault if you’re injured. There are many different relationships between individuals and groups which 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 places. Some common examples are:
- [Injuries in parks] or other public places (e.g. slips, trips and falls)
- Injuries in rental premises (e.g. the landlord’s responsibility to their tenant)
- Injuries caused by animals (e.g. dog attacks, horse-riding accidents)
- Back injuries as a result of a fall in public
- Injuries at an amusement park or venue
- Injuries caused by another driver on the road
- Injuries caused at work or in connection with your employment
- Injuries arising as a result of medical treatment 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 claim to be successful, our expert legal team must prove three things:
- That the person or company at fault owed you a duty of care;
- The person or company breached that duty of care; and
- As a result, you were hurt and suffered loss.
What is the claims process with Shine Lawyers?
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.
