Accidents happen. But when someone else’s negligence causes your injury, understanding “duty of care” is critical to seeking compensation. This legal principle establishes the foundation for most compensation claims.
In this guide, we will dive deeper into what duty of care entails, how it is established in compensation claims, and the vital role played by lawyers in ensuring justice for injured victims.
What is Duty of Care?
Duty of care plays an important role in determining liability and compensation in various situations, such as slip and fall accidents, car accidents, workplace injuries, and other compensation injury claims.
Basic Examples of Duties of Care:
Drivers must obey traffic laws and drive cautiously to avoid accidents.
Property owners must maintain a safe environment for visitors.
Doctors have a duty to provide proper medical care to their patients.
- Employers must provide workers with a safe system of work and workplace environment and with safe and properly serviced and guarded tools and equipment.
Establishing Duty of Care in Compensation Claims
When you suffer an injury, navigating the legal process can be overwhelming, with duty of care being a fundamental pillar in every case.
As the injured party seeks compensation, understanding the concept of duty of care becomes crucial in determining liability.
The onus of establishing the following matters is on you, the claimant, to the civil standard of proof – on the balance of probabilities.
To win a compensation claim, you (the claimant) must prove the respondent (the at-fault party) breached their duty of care. This typically involves four elements:
1. Establishing a Legal Duty: You must prove the respondent had a legal obligation to act carefully and avoid causing harm. This duty arises from the relationship between the parties. For instance, a doctor has a duty to provide reasonable medical care to their patients, and a property owner has a duty to maintain a safe environment for tenants and visitors.
2. Breach of Duty of Care: You need to demonstrate that the respondent’s actions or inaction fell short of their duty of care. This means the respondent behaved negligently, significantly deviating from what a reasonable person in the respondent’s position would have done in the same situation.
3. Causation: A direct link between the respondent’s breach and your injuries is essential. You must show your injuries wouldn’t have occurred if the respondent had fulfilled their duty of care.
4. Damages: Finally, you must prove the financial and non-financial losses you suffered due to the respondent’s breach. This typically includes medical expenses, lost wages, pain and suffering, and the cost of caregiving.
FAQ's about Duty of Care, Breach, Negligence, Common Examples
What is the meaning of duty to care?
Duty of care refers to the moral or legal obligation one has to ensure the safety or well-being of others. It denotes the responsibility to avoid acts or omissions that could harm others.
What is the definition of duty of care Australia?
In Australia, duty of care is a legal obligation that requires a person or entity to take reasonable care to avoid harm being caused to another.
Some examples of duty of care
Duty of care can be seen in a teacher’s responsibility to provide a safe learning environment for students, a doctor’s obligation to provide their patients with proper medical treatment and disclosure of potential adverse side-effects and treatment risks, or a driver’s obligation to adhere to traffic rules and drive with due care and attention.
What is actual duty of care?
Actual duty of care (as opposed to a general duty of care) is a more specifically identifiable and defined legal obligation one person has to another, where harm can be reasonably anticipated if that obligation is not met.
For example, a general duty of care in a factory would be to implement and enforce a safe system of work for staff; while an actual or specific duty of care would be to ensure that a particular machine was properly serviced or had suitable safety guards fitted.
What is the duty of care in the workplace?
Duty of care in the workplace refers to an employer’s obligation to protect their employees’ health, safety and welfare, which includes ensuring a safe environment, proper training, and prevention of bullying or harassment.
Who has duty of care in Australia?
Every adult and every worker and all businesses owe their own individual duties of care depending on the situation and the activity they are engaged in at the time. Where any of those dutyholders breach their duty of care and it causes a person an injury in circumstances where such an injury is foreseeable and a clear consequence of the breach, there will generally be a right for the injured person to make a claim for compensation.
