Duty of Care

Duty of care is the responsibility or the legal obligation of a person or organization to avoid acts or omissions (which can be reasonably foreseen) to be likely to cause harm to others. In any negligence claim, duty of care must be proven first.  The plaintiff must establish that the defendant had a relationship and that the defendant owed them a duty of care.  This can best be described as the relationship between a doctor and patient, or between a consumer and manufacturer of the product the consumer purchased.  Other examples may include a driver and passenger or an attendee at an amusement park and the corresponding owner/operator.