General & Latin

Duty Of Care

In plain English

A legal obligation to take reasonable care so your actions don't foreseeably harm others.

What it means

A duty of care is the obligation to act reasonably to avoid causing harm to people who could foreseeably be affected by what you do. It is the first element of negligence: there must be a duty before there can be liability for breaching it. In Australia, duties of care arise in many relationships — drivers to other road users, occupiers to visitors, employers to staff, professionals to clients. Whether a duty exists depends on factors like foreseeability and the closeness of the relationship.

How it's used

A driver owes a duty of care to pedestrians and must take reasonable steps to avoid hitting them.

Dealing with duty of care in real life?

Tell us about your situation and get a fixed-fee quote from a real lawyer. Our AI assistant, Rachel Z, takes your details in minutes and a qualified Australian lawyer handles the rest — at a fixed fee, with no hourly billing.