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In the event that you have suffered harm as a result of a breach of duty of care, you may be entitled to compensation. Duty of care is a foundational legal principle that helps determine liability and the amount of compensation you’re owed.
This article will explain duty of care and its relevance to personal injury claims.
Duty of care refers to the legal obligation of individuals, corporations and entities to prevent foreseeable harm to those their actions or omissions could reasonably impact. Duty of care encompasses various forms of harm: physical, psychological, financial and material (property).
A duty of care breach can either be due to unintentional negligence or intentional malpractice. Both are subject to legal consequences if they directly result in harm or loss.
The legal framework for duty of care is outlined within numerous pieces of legislation, one being the Civil Law (Wrongs) Act 2002, which acts as a foundation for the duty of care principle in Australia. The criteria for a duty of care breach, as outlined by the legislation, is as follows:
In addition to outlining the criteria for a breach of duty of care, the Civil Law (Wrongs) Act 2022 also establishes a comprehensive framework governing the scope of duty of care, causation, the standard of care, defences and other fundamental principles related to civil wrongs.
The existence of a duty of care is often a matter of law. Courts have established general principles to determine whether a duty exists, such as:
Once a duty of care has been established, the plaintiff must prove that the defendant breached that duty. This means that the defendant failed to act as a reasonable person would have in the same circumstances.
Even if the defendant breached their duty of care, the plaintiff must still prove that the breach caused their injuries. This involves showing a direct link between the defendant’s negligence and the plaintiff’s harm.
The four most common causes of personal injury claims in Australia are medical negligence, motor vehicle accidents, public liability claims and workplace accidents.
While duty of care applies to all, each category requires distinct legal considerations and evidence to substantiate the claim.
Let’s look into what duty of care breaches look like for each personal injury claim category.
The duty of care for medical professionals requires practitioners — in alignment with personal injury law — to take reasonable precautions to prevent loss, injury or further harm to their patients.
Common examples of medical negligence claims include:
Referring to the standard upheld by all road users — whether by car, truck, bicycle or other form of transportation — to ensure reasonable care and prevent harm or injury to other road users.
Common examples of breaching the duty of care in relation to motor vehicle accidents include:
Businesses or property owners who own public spaces have a duty to take reasonable steps to ensure the safety of those who use them.
Examples of public liability claims include:
Employers have a legal obligation to ensure a safe working environment for both employees and contractors.
Breaching workplace duty of care could take various forms, such as:
It’s important to acknowledge that these examples are generalisations and the nature of personal injury claims can vary greatly depending on the circumstances and specific state legislation. Therefore, seeking the guidance of expert legal advice is necessary.
Call us for confidential, free advice.
While the fundamental principles of duty of care are consistent across Australian states, specific compensation entitlements can vary depending on local laws and regulations. Once duty of care has been established, the compensation awarded will depend on the unique circumstances of your case.
However, there are several common types of compensation that are often available in personal injury claims due to a breach of duty of care:
If you believe that you have been subject to a breach of duty of care, seek the advice of local personal injury solicitors. They can help you to understand the relevant duty of care and personal injury legislation in your state.
Various parties can owe a duty of care, including employers, property owners, medical professionals, drivers, manufacturers, and government bodies.
The ‘reasonable person’ test is a legal standard used to determine if someone has breached their duty of care. It compares the defendant’s actions to what a hypothetical reasonable person would have done in the same situation. If the defendant’s actions fell short of what a reasonable person would have done, they may be considered negligent.
Yes, a duty of care can exist independently of any contractual relationship. It’s a legal obligation that arises from the circumstances of the situation, rather than from a formal agreement.
Contributory negligence occurs when the injured party’s own actions contributed to their injury. While it doesn’t negate the defendant’s duty of care, it can reduce the amount of damages awarded.
Yes – multiple parties can owe a duty of care in a single incident. For example, in a car accident, both drivers owe a duty of care to each other and to pedestrians.
Our team of personal injury lawyers are dedicated to helping clients who have been injured due to negligence. Here are some ways we can help:
If you’re considering filing a personal injury claim, our team at GMP Law are experts and can lead you in the right direction — ultimately toward the compensation you deserve.
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