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.
- 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.
- 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.