What is duty of care?

In personal injury law, duty of care refers to the basic responsibility people and businesses have to avoid actions that could harm others. If someone fails to act reasonably under the circumstances and another person is injured as a result, that failure is considered a breach of duty of care. When a breach leads to personal injuries, the at-fault party may be held legally responsible for the damages.

If you’re pursuing compensation after an accident you didn’t cause, a West Palm Beach personal injury lawyer can look closely at whether the other party failed in this legal duty. Proving a breach of duty is a central step in showing why you deserve a financial recovery.

What is the legal definition of duty of care?

Duty of care is the legal requirement to act with reasonable care and attention to prevent causing harm to others. It applies to individuals and entities (government agencies, businesses, etc.) and is based on a landmark 1932 case, Donoghue v. Stevenson. This UK case established the “neighbor principle,” stating that a person must take reasonable care to avoid negligent acts or omissions that could foreseeably cause harm to their neighbor. In this sense, “neighbor” is someone who would be closely and directly affected by their actions (or inaction).

To determine whether the defendant was negligent, tort law employs the reasonable person standard, which measures the duty of care by the actions of a reasonable person in a similar situation. Would a reasonable person act in the same manner as the defendant, or would they act differently, with more care toward the plaintiff’s safety?

Additionally, the plaintiff must prove that the harm the defendant caused was foreseeable; that the injury was a foreseeable consequence of their actions or omissions. To prove this, many attorneys use a risk assessment of the defendant’s actions.

How do courts define duty of care in modern cases?

While Donoghue v. Stevenson (1932) is often cited as the foundation of duty of care, U.S. courts have developed the concept through more recent cases and applications. Today, duty of care extends far beyond consumer products and touches nearly every area of personal injury law.

Courts now recognize that property owners have a responsibility to maintain reasonably safe premises to protect guests and visitors, that drivers owe a duty of care to other motorists, passengers, and pedestrians on the road, and that medical professionals must meet the standard of care expected in their field to avoid negligence claims.

Recent rulings have also examined how new technology and business practices affect this obligation. Cases involving rideshare companies, for example, have raised questions about whether employers owe a duty of care to passengers when drivers are classified as independent contractors. Courts continue to refine the concept of duty of care as new risks and relationships emerge, making it one of the most important legal principles in personal injury cases today.

Skilled personal injury attorneys can prove breach of duty of care in your claim

Have you been injured due to the negligence of another party? The attorneys at Lytal, Reiter, Smith, Ivey & Fronrath can evaluate your situation in a free case review and advise you whether another party’s breach of duty of care gives you grounds to file a suit for damages. Call us at (561) 655-1990 today.