What is duty of care?

Duty of care is a historical term when it comes to the law in the UK. But what is duty of care? First used in the famous Donoghue v Stevenson case, the term is defined as an obligation to act with a level of caution and attentiveness that prevents foreseeable harm to others, be it physical or mental.

Duty of care has formed the foundation of various legal claims over the years since its development in 1932 — today, we use the term to recognise who has responsibility in negligence cases and how this negligence caused personal injuries and accompanying incidents.

Who has a duty of care?

Duty of care can be applied differently to different individuals, industries and organisations. Here are some key examples:

Business owners — It’s down to business owners to keep their premises safe for employees, customers and visitors.
Employers — It’s the responsibility of employers to provide a safe and hazard-free workplace for employees.
Medical professionals — It’s down to medical professionals to uphold the high standards of the medical profession.
Individuals — Individuals are obligated to act responsibly and with reasonable caution to avoid harm.

What are the origins of duty of care?

Duty of care first came into the lexicon during the historic Donoghue v Stevenson 1932, where a woman fell ill after drinking a drink contaminated by a snail. During the case, the court ruled that because the manufacturer had a “duty of care” over their customers, they were responsible for the illness that the claimant endured. After this case, other companies began to adhere to the guidance offered by the court as they were now responsible for their customers in a way they hadn’t been before.

This duty of care continues today, evolving into a level of standard that is held and adapted to all kinds of industries and positions.

How does duty of care work in public places?

Be it a public authority, local council or property owner, duty of care in public places means looking after the public. This includes maintaining roads, pavements, and buildings to meet reasonable safety standards. These responsibilities vary with usage and conditions, such as salting pathways in winter to avoid slips on ice or addressing hazards on frequently used routes.

If a council fails to uphold their duty of care, the affected party might make a personal injury claim. This might come in the form of a slips, trips and falls claim, a public transport accident claim or something else entirely. So it’s up to those in charge of public spaces to ensure they are safe for those that they’re there for.

How does duty of care work for road users?

In the Road Traffic Act 1988, it is detailed that all road users, be they driver, passenger or pedestrian, have a duty of care over their fellow road user. Each road user, however, has their own unique obligations when adhering to this duty to avoid road traffic accidents:

Pedestrians’ duty of care

Pedestrians have a duty of care over their fellow road users by not distracting drivers, using the zebra crossings where available and by following the rules of the road, including adhering to traffic lights.

Drivers’ duty of care

Drivers have a duty of care over their fellow road users by driving responsibly, obeying speed limits and avoiding distractions.

Cyclists’ duty of care

Cyclists have a duty of care over their fellow road users by staying aware of their surroundings, following traffic rules and using protective gear to prevent head injuries.

How does duty of care work in education?

When it comes to safeguarding children, the duty of care is much more important. However, while the care of children is paramount in schools, universities and other educational sectors, the care of staff is also important. This duty comes in the form of prevention, safeguarding and supervision — identifying hazards before they become accidents, intervening in situations between children or staff that might become dangerous and more.

If a school fails to maintain a sports pitch and a child is injured during a game due to unsafe conditions, the parents could pursue a child injury claim. This will not only affect the school financially, but also reputationally. The more a school’s duty of care is respected, the less risk of breach there will be.

How does an employers’ duty of care work?

Employers in the UK have one of the most simple to understand duties of care. It covers their staff’s safety, health and welfare. This might extend to keeping the workplace clean and clear to avoid injury, it might be providing proper training to prevent injury with knowledge. However an employer might choose to adhere to their duty, it normally includes managing risks.

If the worst happens and an employer’s duty of care is breached, this could result in a workplace accident and subsequent compensation case. Again, as in the education sector, this will affect both company finances and reputation.

How does a medical professionals’ duty of care work?

Duty of care in the medical field is a little more heightened than in the usual workplace. This is because almost every level of medical practice brings with it high risk. Duty of care requires doctors, nurses, and healthcare providers to adhere to accepted standards to avoid causing harm through medical negligence. For example, failing to diagnose a condition accurately or providing improper treatment that might harm a patient.

How does duty of care work in the retail and hospitality sector?

In both retail and hospitality, it’s down to the business to respect their duty of care over both customers and staff. This might be minimising risks on their premises — clearing walkways, labelling hazards and keeping the place clean. These preventive measures could come in handy when trying to prevent accidents on site and ultimately claims made against the business.

How can InjuryLawyers4U help you?

Do you feel that someone who had a duty of care over you breached that duty? If so, and you were injured as a result, you might be entitled to compensation.