A duty of care, in the context of negligence, is the obligation that the law places on a person to take reasonable steps to prevent foreseeable harm. Breaching this duty of care will result in a finding of negligence. This breach of duty then must be shown to be causally connected to the injuries for liability to be imposed.
What is the duty of care in personal injury litigation?
The duty of care owed by an individual who causes harm to another or their property is judged by reference to how the reasonable person would have acted in the circumstances. For example, in the context of a road traffic accident, a driver’s conduct will be assessed by reference to what “the reasonable person” would have done. This is known as the standard of care. Breaching this standard of care by failing to act as the reasonable person would have, will result in a finding of negligence. This negligence must be causally linked to the injury for liability to be imposed.
What is the duty of care in medical negligence?
The duty of care owed by a medical practitioner is assessed by reference to how a similarly qualified medical practitioner would have acted. In a medical negligence claim, medical practitioners with similar qualifications and experience, employed as expert witnesses, will offer evidence on accepted practice in the circumstances of the claim. A failure to have acted in accordance with this will result in a court establishing a finding of a breach of duty of care. This finding of breach or negligence, must be causally connected to an injury alleged in order for liability to be imposed.
What is the duty of care in professional negligence?
The duty of care owed by a professional, for example a lawyer, is assessed by reference to how a similarly qualified professional would have acted. In a professional negligence claim, professionals with similar qualifications, employed as expert witnesses, will offer evidence as to accepted practice in the circumstances of the case. A failure to have acted in accordance with this will result in a court finding of negligence. This negligence must be causally connected to an injury alleged in order for liability to be imposed.
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