Duty of Care

What Is a Duty of Care?

A Duty of Care is the obligation to act with care and prudence toward others and the public, as a reasonable person would in similar circumstances. Failure to meet this standard may lead to negligence claims and subsequent damages. This concept is fundamental in various fields, including law, medicine, and business, where individuals or professionals are expected to act in a way that prevents foreseeable harm to others. Essentially, it mandates that one must exercise caution and consideration to avoid causing harm or injury to others.

According to the ruling in Donoghue v Stevenson (1932), “You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbor.” This principle has since become a cornerstone in tort law, influencing how negligence cases are determined.

In practice, duty of care requires individuals to anticipate risks that their actions or inactions might pose to others and take reasonable steps to mitigate those risks. For instance, in healthcare, doctors owe a duty of care to their patients to provide treatment that meets accepted medical standards, ensuring patient safety and well-being. Understanding the duty of care helps ensure that individuals and organizations prioritize the well-being of others, thereby reducing the occurrence of preventable harm.