What is duty of care?

In UK law, a duty of care is a factor in the majority of personal injury cases each year. It is a legal obligation to act responsibly to prevent harm to those in your care. Whether an individual, a business or an organisation, you will carry a duty of care to avoid foreseeable harm. The aim is to create safer environments across the country, be they workplaces, hospitals, public spaces and beyond.

What is duty of care?

A duty of care is the rise in obligation to take proper care to avoid foreseeable harm. For example, this could be keeping the aisle of a supermarket clear so customers don’t trip and fall, or providing proper training for employees to prevent injuries. Whatever the situation, a duty of care is usually present in systems around the UK.

Historically, duty of care has been at the forefront of various famous legal cases in the country. Most notably in Donoghue v Stevenson 1932, where a woman fell ill after drinking a drink contaminated by a snail. In this case, the court ruled that the manufacturer owed the victim a duty of care, even without a contractual relationship. This landmark case established the principle that businesses and organisations should be responsible for actions that might cause their customers harm.

Since this case, duty of care has evolved and now includes proactive safeguarding to prevent harm. This has led to standards that are withheld throughout various industries to try to mitigate legal action and to keep those in their duty safer.

Who has a duty of care?

There are all sorts of industries and walks of life that require a knowledge of duty of care. From employers to medical professionals, teachers to drivers, getting to know who is responsible might give you a better idea of how duty of care works:

Employers’ duty of care

In the UK, employers must adhere to the Health & Safety at Work Act 1974 — this requires them to provide working and tested equipment, adequate training and a safe working environment for all employees. If one of these provisos is not met, accidents can happen that might lead to personal injury claims.

Medical professionals’ duty of care

Duty of care is heightened when it comes to medical professionals in the UK. There are guidelines in place in the medical profession that should be followed to maintain this duty. One of these guidelines is the Bolam test, a standard legal benchmark in Britain, which assesses if a doctor, nurse or other medical professional acted properly in the face of an incident. If the wrongful party fails this test, they may face a medical negligence claim.

Duty of care in the retail and hospitality sector

Retail and hospitality staff have a legal duty of care over their customers — this includes the proliferation of clear signage, staff training and knowledge of emergency procedures. If retail or hospitality workers neglect their duty, legal action could follow. This might come in the form of a slips, trips and falls claim, or an accident in a shop claim.

Duty of care in education

Duty of care in education is in place to protect both children and staff. From clear health and safety measures, including proper supervision, to safeguards against abuse and child injury. Schools and universities are responsible for providing a secure environment that fosters learning. In education, this duty of care extends to mental health as well as physical health — so when a member of staff or child in the institution’s care is struggling, they must put their best foot forward to help in the matter.

Duty of care for road users

When it comes to road users, the duty of care falls to each and every person on the road. This is detailed in the Road Traffic Act 1988 and includes drivers, cyclists, pedestrians and passengers. However, each of these groups have specific responsibilities to prevent harm to others:

• Drivers — You must drive responsibly, obey speed limits and avoid distractions.
• Cyclists and motorcyclists — You must follow traffic rules, use protective gear and always use caution.
• Pedestrians — You must be aware of your surroundings and obey traffic lights and zebra crossings.
• Passengers — You must not distract the driver.

Duty of care in public places

Councils and property owners  have a duty of care over the public spaces they own. This means proper maintenance of roads, pavements and greenery. Public spaces should meet reasonable safety standards, and the council is generally expected to manage risks based on how many people will use the space and make changes to tackle conditions, especially in winter. This can tackle slips, trips and falls as well as any potential road traffic accidents caused by potholes or the like.

Get in touch

Duty of care is a standard that has been upheld by upstanding individuals and organisations across the UK for years. But if you have been affected by negligence and a person or party has breached that duty, you might be owed compensation.

You need Express Solicitors — we operate on a no-win, no-fee basis, so you can be sure that when you come to us with a claim, you won’t pay a thing until you receive the justice you deserve. Call us on 0161 904 4661 Or Start your claim online