Duty of care is a legal requirement on an individual or an organisation when dealing with others.
The obligation of care stipulates that a person takes reasonable steps to avoid foreseeable loss or harm to another person or damage to property. The duty of care law is under Common Law and is a subset of the law of negligence. In Australia, the interpretation of the duty of care and related remedies vary from state to state.
A breach of duty of care happens when an individual sustains loss or personal injury due to the action or lack of action by a person who was obliged to have acted in a certain way to stop or lessen the loss sustained. A breach is considered to occur when, first, it is reasonably predictable that an action or its omission led to an injury or loss. Secondly, a reasonable person in similar circumstances would not have acted in the manner that occasioned the loss, injury or damage. It is important to know the duty of care expected of you or your organisation that somebody relies on. Also, if you have suffered a loss, that you reasonably believe was a result of negligence, you can approach a court through lawyers to seek compensation. You can talk to a lawyer to better understand if you have a solid case and deserve compensation.
In our day to day activities, we have situations that require the application of the correct duty of care. A few practical examples are listed below.
Every employer owes every employee a duty of care. For example, a driver and a vehicle owner have a responsibility to other road users.
Property owners are required to maintain and repair the premises. For instance, owners of commercial premises like supermarkets have the responsibility to ensure clean and dry floors. Staircases must be well lit and installed with safety barriers. If you sustain injuries or harm in cases where property owners or their agents are negligent you can seek compensation. Common Law further establishes a relationship between landlords and tenants. Duty of care is expected on defects owners have been made aware of or any flaws apparent during a routine inspection.
Public facility managers have a responsibility to lawful entrants. Playgrounds, recreational places, amusement parks all have a responsibility to provide safety. They should have public policy guidelines. Where an entrant has done all due diligence when using public facilities and suffers losses or injuries, they can sue for breach of duty.
Owners of dogs and other pets are responsible for the safety of other people. If a dog, especially an aggressive breed, attacks an individual causing harm or even death, the owner may be sued for damages. If the owner intentionally uses a dog to harm the other party, they may be charged under criminal law.
The government of Australia has legislation in place that guides duty of care at the workplace. Workers in various industries involved in workplace safety are trained in accredited institutions and certified. Employers duty of care exists concerning the safety, welfare, health of workers and everyone else who visits the workplace. They should fulfil legislative safety requirements. Employers are required to put in place all reasonable measures and resources to control or reduce work place risks. To this end, employers are required to identify all possible workplace hazards. They should also conduct a risk profile of all the hazards identified at work. Additionally, the employer should seek to eliminate or in the least minimise an identified risk. The measures put to promote duty of care should be monitored and reviewed. Workers should be given all the information about their well-being at work. The workplace should have safety monitoring equipment, emergency and first aid facilities, plus qualified personnel. The employer ought to consult with the worker when making decisions regarding workplace issues. On the other hand, employees have a responsibility to the employer, themselves, fellow workers and persons that frequent the workplace. They should support the employer’s efforts in being compliant with workplace safety and health requirements.
To live harmoniously in society, we must appreciate the fact that our actions or omissions affect others, especially where the outcome is negative causing loss or injury. This is the ground on which the law of negligence is built. Duty of care outlines the legal issues, their interpretation based on precedent, expectations by the community and people’s attitudes. Generally, there are standard expectations where the other party has a responsibility of care. Neglect of duties causing losses may lead to prosecution. If found culpable by a court, damages awarded can be very expensive. Duty of care law is also important in protecting the disadvantaged. Disadvantages occur in many situations in life. As a road user, a pedestrian is at a disadvantage compared to motor vehicles. It is the same case for the disabled and the aged. The Acts, laws and regulations governing employment places ensure that safety and health standards are met for the benefit of the worker. Adherence to this law at the workplace, plus guidelines and policies, boosts employee morale and productivity.
Duty of care relationships applies to individuals and organisations. Therefore, its good to be aware of ways to pre-empt loss due to negligence. To achieve this, be familiar with the conditions of the standard of care. Because, any reasonable action that caused harm is measured against standards expected of another reasonable person in the same circumstances. You have to familiarise yourself with the standards expected, for any action where your responsibility of care is required. For instance, property or vehicle owners are expected to apply an amount of care in their actions to ensure the safety of others. Similarly, professionals are expected to meet certain standards applicable within their professions. Doctors, lawyers, accountants, contractors and professions all have a code of conduct, and must meet professional standards when handling their clients. To avoid loss and being taken to the courts under the duty of care law, a professional is expected to apply reasonable care as another professional would reasonably do if in the same position. In daily life, a reasonable standard of care is the foreseeable care that another reasonable person would apply to mitigate the loss to another. For instance, a dog owner’s standard of care is what any reasonable dog owner would do to prevent the dog from occasioning foreseeable harm. Observing expected care ensures there’s no ground for prosecution.