Duty of Care: What is It?
Duty of care in law is the responsibility certain people and organisations have to ensure no one suffers any harm. It’s a legal obligation to keep people as safe as possible.
When a breach of this duty of care happens, it could legally be considered negligence. And if negligence is the reason you are injured in an accident, you could make a personal injury claim against the person or organisation responsible.
Who has a duty of care?
Almost everyone has a duty of care to keep the people around them safe. This could be as a business owner, an employer or even a person driving to work.
This responsibility comes into effect in a number of areas and for a number of people, including:
- Duty of care in public places
Places like shops, cinemas and gyms have a duty of care to their customers. If something happens and you are injured, you could hold the business responsible. Meanwhile, if you are injured in a space run by the local council, they could be held responsible as they have a responsibility to keep people safe on their property.
- Duty of care in the workplace
One of the clearest examples of a duty of care is the one your employer has towards you and your colleagues. They are required to carry out risk assessments and address any hazards to safety in the workplace. If they don’t, you could be entitled to make an accident at work claim against them if you are hurt in an accident.
- Duty of care on the roads
All road users have a duty of care to drive, ride or walk safely to keep other people safe. When someone neglects this duty of care, they could cause a serious accident. And if you’re involved in that accident, you could claim compensation from the insurer of the person responsible.
- Manufacturer’s duty of care
Manufacturers have a duty of care to their consumers. They have to ensure that the products they make are safe for use. If they are not – and they go on to cause an injury – this is negligence on the part of the manufacturer. You could then make a faulty product claim for compensation.
- Medical professional’s duty of care
Medical professionals have a duty of care to their patients. When their actions don’t meet the standards set for them, this could legally be considered negligent. And in situations like this, you could be able to make a medical negligence claim against them.
What to do after a breach of duty of care
If you’ve been in any kind of accident that has injured you – either physically or psychologically – and was caused by a duty of care being breached, you could make a claim for compensation.
First4Lawyers could help you make that claim. We’re here to make the process of claiming as straightforward and stress-free as possible.
In most cases, our specialist solicitors can take on your claim on a No Win No Fee basis. This means you won’t have to worry about how to pay for your claim, leaving you free to focus on your recovery instead.
It also means there is nothing to pay if your claim is not successful – so there is no risk involved in claiming. If your claim is successful, our solicitors will take their payment as a percentage of your final compensation amount. They will let you know at the beginning of the process what that percentage will be.
To find out how we could help you get the compensation and the justice you’re entitled to, just give us a call, request a call back or start your claim online.
Only pay a fee if you receive compensation
Our No Win No Fee solicitors will take a success fee from the compensation you are awarded for a successful claim in the form of a percentage of your damages. This could be up to 25% but it won't be more than that, except in cases of road traffic accidents. Changing laws mean our solicitors will now take a payment of 35% of the final compensation amount plus VAT for all road traffic accident claims.
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