What is duty of care?


If you have been injured in an accident, you may have heard about something known as the “duty of care.” In some situations, somebody is left with the responsibility to protect you. For instance, a common carrier owes its passengers a duty of care. If a driver, pilot, or employer fails to meet the legal duty of care, then they may be liable for your injuries when an accident occurs. The duty to act reasonably under all circumstances applies to almost all situations. Here are some other situations where you may find a duty of care:

  • Doctors and lawyers have a higher duty of care because they are professionals in their line of work. A doctor must act reasonably as well as exhibit their knowledge just like a reasonable doctor would do. Even a subtle mistake could lead to a lawsuit if a doctor makes one.
  • Children have a duty of care as they are not expected to act as an adult.
  • Businesses owe a legal duty of care by watching out for slippery floors and other conditions that could lead to a customer hurting themselves.

Breach of Duty and Injury Cases

If somebody breaches their duty of care, this leads to a lawsuit. A plaintiff can prove negligence by showing that someone owed them a duty of care, that there was a breach, and that damages occurred as a result. Have you been injured in an accident and can prove that your damages are the result of someone’s negligence? If so, you can establish fault and make a claim in court. However, you should do this with the help of an experienced attorney. Call us today at Maggiano, DiGirolamo & Lizzi. We have experience with these personal injury cases and can help you along the way.