Whether or not the defendant owed a duty of care is an essential element in all personal injury claims. If the defendant caused harm via a breach of duty of care, then they can be deemed negligent and liable.
Using practical scenarios can help identify legal terms like the duty of care. Here are a few real-world examples for you to consider.
A driver’s duty of care
All drivers owe one another a duty of care. This duty extends to pedestrians, cyclists and anyone else within the vicinity of the vehicle. Most drivers take this duty seriously by following the speed limit, stopping at red lights, staying alert and not violating any other traffic laws.
If a driver acts unreasonably, then they have breached their duty of care and could be held liable in a personal injury claim.
A business’s duty of care
A business provides goods and services to the public. The duty of care applies to businesses in several ways. For example, a tool manufacturer must ensure that the tools they produce are up to safety standards.
Businesses that are open to the public must ensure that buildings are safe. This means cleaning up spillages on the floor and keeping walkways clear from trip hazards. Failing to do this could amount to a breach of duty of care.
The duty of care in medicine
Doctors and medical professionals owe patients a duty of care. Medical professionals are held to a higher standard because of the stakes. Often, a patient’s life is in their hands. Should a medical professional act unreasonably according to industry standards, they may have breached their duty of care.
The duty of care is just one essential element of personal injury claims. To find out more, it may benefit you to seek legal guidance.