Duty of Care Laws in Australia: Who Has It, Examples & Consequences

Issa Rabaya

Written by

Issa Rabaya

Principal Lawyer and Director · Last updated 3 July 2026

Key takeaway: Everyone from employers and business owners to occupiers of public spaces owes a duty of care, a legal obligation to take reasonable steps to prevent foreseeable harm. If a breach injures you, you can claim compensation across 4 key heads: medical expenses, lost wages, pain and suffering and rehabilitation costs. Severe breaches can even attract criminal charges.

Duty of Care Laws: Quick Answers

What is a duty of care under Australian law?
A duty of care is a legal requirement to prevent wrongdoing that might cause foreseeable injury to another person. Everyone may carry one: a business is primarily responsible for the health and safety of all employees and visitors in the workplace, while a surgeon must inform patients of treatment consequences and apply reasonable care. It applies across the 2 states where Withstand Lawyers works, New South Wales and Western Australia.
What counts as a breach of duty of care?
A breach of duty of care happens when you cause an injury by being negligent toward another person. It arises where someone is hurt by another person’s conduct or inaction, it was reasonably foreseeable the conduct would cause injury, and a reasonable person in the same situation would not have behaved that way. A common example is a customer slipping on a wet supermarket floor, 1 of the most frequent public liability scenarios.
What are the consequences of breaching duty of care in Australia?
The consequences of breaching duty of care can be severe. Courts can order the negligent party to cover 4 heads of loss: medical expenses, lost wages, pain and suffering and rehabilitation costs. Businesses also face lawsuits, loss of customers and reputational damage, and in extreme cases a breach can lead to criminal charges such as workplace manslaughter where negligence results in a fatality.

Have you ever wondered about your legal responsibilities toward others? Whether you’re an employer, a business owner, or even a passerby, duty of care laws play a crucial role in everyday life. But who has a duty of care? And what happens if it’s breached?

In Australia, the law expects individuals and organisations to take reasonable steps to prevent harm to others. From workplace safety to public spaces and professional services, the examples of duty of care are vast. But when someone fails to uphold their responsibility, the consequences of breaching duty of care can be severe—leading to personal injury claims, financial penalties, and even legal action.

In this article, we’ll break down duty of care laws, explore who has a duty of care, highlight real-world examples of duty of care, and explain the consequences of breaching duty of care—helping you understand your rights and obligations under Australian law.

employee with duty of care to patient

What Are Duty of Care Laws?

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.

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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.

Consequences of Breaching Duty of Care in Australia

Legal Penalties and Compensation Claims

If someone is injured due to negligence, they may file a personal injury claim for compensation. Courts can order the negligent party to cover:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Rehabilitation costs

Financial and Reputational Damage

Businesses that fail to uphold duty of care can face lawsuits, loss of customers, and damaged reputations.

Criminal Liability for Severe Breaches

In extreme cases, breaching duty of care can lead to criminal charges—such as workplace manslaughter if negligence results in a fatality.

Who Has a Duty of Care in Australia?

duty of care examples who has a duty of care

Examples of Duty of Care in Everyday Life

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. Reach our public liability lawyers.

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. Reach our medical negligence lawyers.

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. Reach our workers-compensation lawyers.

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. Rech our motor vehicle accident injury lawyers.

What to Do If Someone Breaches Their Duty of Care?

If you’ve been injured or suffered harm due to someone’s negligence, consider the following steps:

  1. Seek medical attention – Prioritise your health and document your injuries.
  2. Gather evidence – Take photos, collect witness statements, and keep medical records.
  3. Report the incident – Notify the responsible party, such as an employer or business owner.
  4. Consult a personal injury lawyer – Legal advice can help you understand your rights and claim compensation.

Duty of Care FAQs

What is a duty of care under Australian personal injury law?
A duty of care is a legal requirement to prevent wrongdoing that might cause foreseeable injury to another person. Everyone may carry one: a business is primarily responsible for the health and safety of all employees and visitors in the workplace, while a surgeon must inform patients of treatment consequences and apply reasonable care. It applies across the 2 states where Withstand Lawyers works, New South Wales and Western Australia.
What counts as a breach of duty of care?
A breach of duty of care happens when you cause an injury by being negligent toward another person. It arises where someone is hurt by another person’s conduct or inaction, it was reasonably foreseeable the conduct would cause injury, and a reasonable person in the same situation would not have behaved that way. A common example is a customer slipping on a wet supermarket floor, 1 of the most frequent public liability scenarios.
What are the consequences of breaching duty of care in Australia?
The consequences of breaching duty of care can be severe. Courts can order the negligent party to cover 4 heads of loss: medical expenses, lost wages, pain and suffering and rehabilitation costs. Businesses also face lawsuits, loss of customers and reputational damage, and in extreme cases a breach can lead to criminal charges such as workplace manslaughter where negligence results in a fatality.
Who has a duty of care in Australia?
Individuals, corporations and organisations all carry a duty of care to keep people safe. That includes employers, business owners, healthcare providers such as surgeons, doctors and pharmacists, drivers on the road, and occupiers of venues, shopping centres, supermarkets, sports fields, parks, gardens and walkways. Withstand Lawyers handles duty of care claims in both New South Wales and Western Australia, and you can check your position on 1800 952 898.
Can I claim compensation if my employer breaches their duty of care at work?
Yes. If you are injured during the course of work and your employer was at fault, you may be entitled to a work injury damages payout in addition to your workers compensation claim. For a workers compensation lump sum in NSW, physical injuries generally must meet a minimum 11% whole person impairment threshold, while psychological injuries must reach 15%. Our team can assess which claims apply to you for free.
Does a duty of care breach cover car accident injuries?
Yes. Drivers owe other road users a duty of care, and if you were injured in a motor vehicle accident due to someone else’s fault you may claim compensation benefits and a lump sum payout that accounts for your future. In NSW, lodging your Application for Personal Injury Benefits within 28 days of the accident secures income support and medical expenses from the date of the accident.
What income support can I get after a duty of care breach stops me working?
If the breach happened at work, weekly workers compensation payments can replace lost wages: up to 95% of your pre-injury average weekly earnings for the first 13 weeks, then up to 80% from weeks 14 to 260 depending on your capacity to return to work. Court-ordered compensation for negligence can also include lost wages alongside medical and rehabilitation costs.
How much does a duty of care compensation claim cost?
Withstand Lawyers works on a No Win No Fee basis, meaning you do not pay any money for legal services if you do not receive compensation. Your claim starts with a free claim check, and the firm maintains a 99% success rate across claims. Call 1800 952 898 or fill in the form to find out where you stand.
Issa Rabaya, Principal Lawyer and Director at Withstand Lawyers

About the author

Issa Rabaya · Principal Lawyer and Director

✓ Admitted to the Supreme Court of NSW and High Court of Australia  ✓ LLB  ✓ IRO-approved  ✓ Law Society of NSW

Acts for injured people in CTP, workers compensation, TPD and public liability claims.

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Why Choose Withstand Lawyers for Your Duty of Care Claim?

You may want to consider working with an experienced duty of care 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.

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