Duty of Care Laws in Australia: Who Has It, Examples & Consequences
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Principal Lawyer and Director · Last updated 31 August 2026
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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
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.
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.
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?
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:
- Seek medical attention – Prioritise your health and document your injuries.
- Gather evidence – Take photos, collect witness statements, and keep medical records.
- Report the incident – Notify the responsible party, such as an employer or business owner.
- 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?
What counts as a breach of duty of care?
What are the consequences of breaching duty of care in Australia?
Who has a duty of care in Australia?
Can I claim compensation if my employer breaches their duty of care at work?
Does a duty of care breach cover car accident injuries?
What income support can I get after a duty of care breach stops me working?
How much does a duty of care compensation claim cost?
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.
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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As a client, having a lawyer who truly listens and supports you when your mind is filled with doubt is a massive relief. She doesn’t just manage a file — she consistently protects her client’s peace of mind. Her recommendations are always highly logical, realistic, and clear-cut. She cuts through the legal confusion and tells you exactly where you stand, which is exactly what you need during the hardest times of your life. I feel incredibly lucky to have Esther and her team at Withstand Lawyers by my side. For anyone out there facing a difficult time with an insurer and looking for a legal advocate who offers absolute clarity, strength, and compassion — I cannot recommend Esther highly enough. She is a truly admirable professional who genuinely cares about the people she protects. Truly grateful!” “I have searched top lawyers (personal injury) in Sydney. I found Withstand Lawyers so I rang them up and asked I need lawyers that are nicer and more understanding despite what I am going through. They exceeded my expectations especially Issa, he always remind everyone to be more cautious when speaking to me and I really appreciate that. I am satisfied that my case (MVA) turned out to be successful. Withstand lawyers is more than 5 stars. Can’t recommend highly enough.” “I would like to express my deepest appreciation for the incredible support I’ve received over the past 4.5 years. My case has been long, complicated, and filled with challenges, but Issa and his team stood by me through every step with genuine care, professionalism, and dedication. Their compassion has meant just as much to me as their legal expertise. They didn’t just handle my case, they helped me through some of the most difficult years of my life. 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I truly appreciate their dedication and excellent service, and I would highly recommend Withstand Lawyers to anyone looking for reliable and trustworthy service.” Issa Rabaya Director, Lawyer Founder and Director with 12 years' experience since his 2014 admission, previously at the largest litigation law firm in Australia. A personal injury lawyer for serious injuries, leading Withstand Lawyers' work across every claim type, with settlements reaching into the millions, including a $6.3 million motor vehicle accident result. Esther Ihn Senior Associate Senior Associate with over a decade of experience exclusively in personal injury claims since 2014, handling hundreds of matters across motor vehicle accidents, workers compensation, work injury damages and public liability. The team's go-to for serious-injury claims. Minaa Mohmand Special Counsel Special Counsel with over a decade of experience since 2016, handling complex, higher-value claims: serious injuries, disputed liability and matters heading to litigation, across motor vehicle accidents, work injury damages, public liability and TPD. Mihana Wen Associate Associate with 6 years' experience since 2020 and a recent $1.95 million motor vehicle accident settlement, known for not taking no for an answer and lodging appeal submissions for injuries insurers try to deem below the 11% whole person impairment threshold for pain and suffering. The go-to for car accident claims, guiding clients from the first CTP submission through to settlement with a compassionate, hands-on approach. Isabel Sarcia Senior Lawyer Lawyer with 6 years' experience since 2020, working exclusively in TPD and superannuation claims, necessary because these claims turn on strict super fund definitions and procedure that few generalist lawyers see day to day. 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