What is the duty of care?
A legal requirement that applies on us, to prevent wrongdoing that might cause forseeable injury to another person is known as a duty of care. Everyone may carry a duty of care; it is an obligation to ensure their own and others’ safety.
If you are a business, you are primarily responsible for the health and safety of all employees and visitors in your workplace. If you are a surgeon, you are responsible to inform the consequences of the treatment and putting reasonable care.
What is a breach of duty of care?
Breach of duty of care is simply, when you have caused an injury due to being negligent to another person. To better clarify; where someone is hurt as a result of another person’s conduct or inaction when it was reasonably foreseeable that the action would cause injury, and a reasonable person in the same situation would not have behaved that way, a duty of care has been breached.
Who has a duty of care?
Some examples of a duty of care compensation claims
Public liability and duty of care
If you have suffered a physical or mental injury in public or private property because of the occupier’s negligence, you might be entitled to claim compensation for your injuries. Individuals, corporations, and organizations all have a duty of care to guarantee people’s safety. This includes venues, shopping centres, supermarkets, sports fields, parks, gardens, and walkways, as well as public, commercial, and retail properties. For example, an injury due to slipping on a wet surface in a supermarket, or falling off in a public place due to uneven flooring. Read more about public liability claims.
Medical negligence and duty of care
If a healthcare provider (such as a surgeon, doctor, pharmacist etc.) fails in their duty of care and causes your injury, you may be entitled to medical negligence compensation benefits. Read more about medical negligence claims.
Workers compensation claims and duty of care
If you suffered an injury during the course of work and your employer was at fault, you may be entitled to a work injury damages compensation payout in addition to the workers compensation claim. Read more about workers compensation claims.
Motor vehicle accident claims and duty of care
If you were injured in a motor vehicle accident due to someone else’s fault, you may be entitled to claim compensation benefits and a lump sum payout to take into account your future. Read more about motor vehicle accident injury claims.
No Win No Fee lawyers
You may want to consider working with an experienced personal injury lawyer to ensure the success of your injury claim that is subject to breach of duty of care. Our team at Withstand Lawyers can assist you to get you the highest compensation in the shortest possible time. You can meet our experienced compensation lawyers in New South Wales and Western Australia. We work on a No Win No Fee basis; meaning that you do not pay any money for our legal services if you don’t receive compensation. Reach us on 1800 952 898 or fill the form below to get legal advice.
