What is duty of care?

• A duty of care is a legal obligation placed on a person to avoid actions or omissions where resulting harm is reasonably foreseeable.
• The court will determine firstly whether the duty of care exists. They will ask whether:
  • the defendant and the plaintiff were in a relationship automatically giving rise to a duty of care such as a teacher and a student; or
  • there was sufficient connection between the acts of the defendant and the situation of the plaintiff to make it reasonable for the defendant to have considered the potential effect of their acts or inaction on people like the plaintiff.
• The court will then determine the scope of the duty of care. This means asking whether there are any practical or public policy reasons for limiting the extent of the duty such as by confining it to a certain class of people or range of conduct. In determining whether to limit the scope of the duty, in most jurisdictions the court will consider the magnitude of the risk and the likelihood of harm resulting. The question is whether under the circumstances it is appropriate to hold the defendant responsible for the harm that occurred.
• The legislation (written law) which governs how a court will construct a duty of care may change between the different states and territories. It is always important to get legal advice specific to your situation rather than relying on generalised information. Our free Find a Lawyer directory may help you get in touch with an experienced civil lawyer near you.