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Defining Duty Of Care
Find out what a duty of care is, who may owe it to you, and when you could claim if it is breached.
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Defining Duty Of Care
Find out what a duty of care is, who may owe it to you, and when you could claim if it is breached.
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Duty of care is a legal responsibility, which may be held by organisations, businesses, and individuals, obliging them to keep others reasonably safe from harm. This duty may be owed by employers, medical professionals, road users, and those controlling public spaces. If someone breached their duty of care to you, causing you injury, you could make a compensation claim. You will usually need to start your claim within the 3-year time limit, though exceptions can apply in some circumstances.
Our experienced team could handle your claim, from start to finish. Our specialist solicitors understand the physical, psychological, and financial impact an accident can have on you. One of our solicitors could work on your case, securing you the best possible settlement for your injuries. They could even do so on a No Win No Fee basis, allowing you to focus on your recovery.
Read more in our legal glossary guides or get in touch with JF Law today by,
- Call 0151 375 9916.
- Click to contact us.
What Is Meant By Duty Of Care?
Duty of care refers to the legal obligation (set out in laws such as the Health and Safety at Work etc. Act 1974 or the Occupiers’ Liability Act 1957) one party owes another to prevent foreseeable harm. This duty may require that safety standards are followed, risk assessments carried out, and that practical steps are taken to reduce the likelihood of accidents occurring and people being harmed.
The legislation setting out the duty of care and its exact nature will depend on the relationship between the parties involved and the environment in which the accident took place.
One of our advisors could further explain who may have owed you a duty of care and how this may apply to your compensation claim.
How Is Duty Of Care Established?
Duty of care can be established by proving the relationship between the claimant (the person harmed) and the defendant (the party you are claiming against) and showing that the defendant should have reasonably foreseen and prevented the circumstances leading to your accident.
Showing the following can help to establish a duty of care in a compensation claim,
- There was a recognised relationship, such as that between road users, employers and employees, medical professionals and patients, or the occupier of a public space and a visitor.
- The risk of harm was foreseeable, a reasonable person could have anticipated that the accident could occur and someone be harmed.
- Whether it is fair, just, and reasonable to impose the duty, this takes the activity, level of control the defendant had, and the expectations placed on them, into account.
Having established if a duty of care existed, claims must then show that this duty was breached and if that breach led to the claimant’s injuries. A personal injury solicitor from our team could assess if a duty of care existed.
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What Are Some Duty Of Care Examples?
Examples of circumstances in which a duty of care may be owed include medical professionals duty to dispense competent and safe treatment, road users to drive responsibly, and employers to protect employees health and safety.
Employer’s Duty Of Care
Employers have a duty of care to take reasonable steps to ensure employees and workers safety in the workplace. This can include carrying out risk assessments, providing appropriate training and personal protective equipment, as well as ensuring workplaces are free from avoidable hazards.
Occupier’s Duty Of Care
The party in control of a public space is known as the occupier. This may be a local authority, business, organisation, or individual. They are responsible for ensuring that the space is reasonably safe for visitors to use. This can include maintaining facilities, placing warnings where appropriate, and cleaning up spills.
Road User’s Duty Of Care
Every road user must use the roads in a responsible manner and in accordance with the Road Traffic Act 1988 and Highway Code. They must drive or otherwise use the roads safely, taking due care and attention to avoid causing accidents or injuries.
Medical Professional’s Duty Of Care
Medical professionals, including doctors, nurses, and pharmacists, must dispense treatment and medication in accordance with expected professional standards. This can include providing an accurate and timely diagnosis, giving appropriate care, and dispensing appropriate medication.
A solicitor could help you understand the duty of care you were owed by one of the parties identified in this guide. Contact us for help.
How To Prove Duty Of Care Was Breached?
To prove that the defendant breached their duty of care, you need to show that their actions fell below those of a reasonable person or organisation. You may show that an employer provided inadequate training and protective equipment, that a road user was driving recklessly, or that the occupier of a space failed to address a known hazard.
You may do so by collecting evidence, such as,
- Accident reports, such copies of a public or workplace accident log book.
- Police road accident reports.
- CCTV capturing the incident.
- Photographs of the accident, vehicle damage, or injuries.
- Witness contact details.
- Medical records highlighting your injuries, treatment, and prognosis for recovery.
A solicitor from our team could further advise you of evidence which may support your claim and help you to collect it.
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We pride ourselves on providing the best service possible for our clients.
Can A Solicitor Help Me Prove Breach Of Duty?
A personal injury or medical negligence solicitor could play a crucial role in proving that a breach of duty occurred, that you were harmed, and that you are entitled to compensation. As seen above, you need to collect a strong body of evidence to show that the defendant failed to ensure your reasonable safety.
A solicitor could help you prove breach of duty by helping you collect copies of your medical records, obtaining CCTV footage of your accident, and even liaising with the police to obtain copies of accident reports.
They could also help you to understand the criteria which may apply to your case and any legal tests involved, such as the application of the Bolam Test to medical negligence claims. One of our solicitors could help you build a clear and structured case, proving that the duty of care was breached.
Why Claim With JF Law After Duty Of Care Was Breached?
Getting the right legal support when you have been injured due to a duty of care being breached can make the process easier, quicker, and less stressful, allowing you to focus on your recovery. JF Law understands the physical, psychological, and even financial impact your accident may have had on you. We also understand the importance of getting the right help, support, and compensation.
One of our solicitors could,
- Ensure you understand relevant legal terms, such as those found through our legal glossary.
- Collect evidence proving who owed you a duty of care and how they breached it.
- Provide an individual assessment of your injuries carried out by a medical expert, helping us value them.
- Connect you to rehabilitation and treatment services, aiding in your recovery.
- Provide a comprehensive No Win No Fee Service, allowing you to claim without upfront solicitors’ fees.
Contact JF Law
Contact JF Law today.
- Phone 0151 375 9916.
- Click here to contact us.
Learn More
Learn more about personal injury claims in these resources.
- Here you can learn more about what negligence is in relation to personal injury claims.
- Find out more about road accident claims in this guide.
- Here we look at accident at work claims.
References.
- This government guide explains how to request CCTV footage.
- This NHS guide explains how to get a copy of your medical records.
- The Health and Safety Executive provides information for businesses and employers.
Thank you for reading our explanation of duty of care. Contact our team for help with your personal injury case.
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