3 Things You Need To Know About Duty Of Care

by | Sep 1, 2021 | Uncategorized

Duty of care is a responsibility held by an individual or entity that requires good faith and being reasonable during a situation. In other words, it is avoiding behavior that could cause harm to others. 


  1. A taxi driver is texting while driving you to your destination. He runs a red light and hits a light pole. You break your arm because he is not being responsible. This is a breach of duty of care.
  2. When you go to a doctor’s office, you expect them to do their job to the best of their ability. They are expected to give you the right medicine, explain what is going on with you, and so on. The doctor has a duty of care to not harm you. 

Failure or Breach

Failure to avoid harmful behavior has many different names. A few being negligence, malpractice, and breach of duty. Lawyers, construction companies, insurance agencies, or anyone that has a responsibility to do something ethically and legally can breach duty of care. 

As an individual, you expect to work with a professional or company who will do their job right. If they breach their duty, you are able to seek legal action. As an entity, you can bring in a lawyer to dispute any claims against you, especially if they are false. 

Duty Of Loyalty Is Different Than Duty Of Care

Duty of loyalty is where an individual stays completely loyal to an entity at all times and avoids possible conflicts of interest. You can learn more about duty of loyalty from Investopedia

Do you find yourself on either side of a duty of care claim? Maybe involving a contract issue, personal injury, or something else? Reach out to our team for expert advice or to fight your battle for you. 

Legal Insight
Last Will & Testament Creation – Best Practice

Last Will & Testament Creation – Best Practice

First and foremost, creating a will and testament is a complex process that has serious implications for the distribution of your estate. This is a process that should be done with the help of an expert estate lawyer just to be sure. However, we wanted to provide some...

What Does a Probate Lawyer Do?

What Does a Probate Lawyer Do?

Probate law can be an intimidating term: many are unsure of what it means and what a probate lawyer does exactly. In this blog post, we aim to provide important information surrounding a field of our practice, probate law, and probate lawyers themselves.  What Is...

Law Firm Over An Independent Attorney: 3 Reasons Why

Law Firm Over An Independent Attorney: 3 Reasons Why

When it comes to choosing legal representation, this situation can make an already stressful time even more of a headache. There are so many options: independent lawyers, firms, even self-representation (not recommended). This blog post discusses the benefits of...