What Is Duty of Care?

Posted on March 31, 2025 writen by Jane Paulson in Personal Injury

Understanding the duty of care is essential when navigating personal injury law. This legal principle forms the foundation of proving negligence in court and is, as such, at the center of personal injury and wrongful death. So, what is duty of care, and how does it impact these claims?

Regardless of whether you were harmed in an accident or pursuing justice for the wrongful death of a family member, this guide is designed to explain the role of the duty of care, how it is applied in negligence cases, and why Paulson Coletti Trial Attorneys can represent you.

Defining Duty of Care and Its Legal Importance

What is duty of care? Duty of care is one’s legal responsibility to act sensibly to prevent injury to others. The duty cuts across situations—drivers must drive carefully, landlords must ensure safe conditions, and companies must comply with safety regulations to ensure safety for employees and consumers.

Duty of care relates to responsibility. When one ignores this responsibility and inflicts harm, they can be held legally accountable for the damages incurred. Establishing the existence of this duty is a central aspect of pursuing a personal injury or wrongful death claim.

How Duty of Care Applies in Personal Injury Cases

Most personal injury cases hinge on negligence, with duty of care crucial in establishing liability. Plaintiffs must prove that the defendant owed them a duty of care and breached that duty, leading to injury.

Here’s how duty of care applies in different legal contexts:

• Car Accidents: Drivers must obey traffic laws and operate vehicles responsibly. A distracted or impaired driver who causes an accident breaches their duty of care by failing to act in a manner that safeguards others on the road. This can include reckless driving, texting while driving, or driving under the influence.
• Premises Liability: Property owners must ensure their premises are safe. If a business owner neglects to fix a hazardous condition, such as a wet floor or broken staircase, and a visitor is injured, they may be liable for breaching their duty of care. Proper signage, timely repairs, and adherence to building codes are all essential to fulfilling this responsibility.
• Product Liability: Companies must ensure their products are safe. A manufacturer that disregards safety regulations or fails to conduct adequate testing before releasing a product can be held accountable for consumer injuries. This applies to defective medical devices, contaminated food products, and malfunctioning machinery that causes harm.

The Role of Duty of Care in Accidents and Negligence

Negligence occurs when someone fails to uphold their duty of care, leading to an accident or injury. Courts assess whether the defendant’s actions—or inaction—meet the legal standard of reasonableness. This evaluation considers various factors, including the nature of the relationship between the parties, the foreseeability of harm, and whether a reasonable person in similar circumstances would have acted differently. 

Proving Duty of Care in Court

To establish negligence in court, four elements must be proven:

1. Existence of Duty: The plaintiff must demonstrate that the defendant owed them a duty of care, for example, a doctor’s obligation to provide competent medical treatment.
2. Breach of Duty: The plaintiff must show that the defendant failed to uphold their duty, such as ignoring safety protocols or acting recklessly.
3. Causation: There must be a direct link between the breach and the harm suffered. The plaintiff must prove the injury wouldn’t have occurred if the defendant had acted responsibly.
4. Damages: Plaintiffs must provide evidence of actual physical, emotional, or financial harm resulting from the breach.

Gathering evidence to prove these elements is complex and requires skilled legal representation. For example, a property owner might argue they didn’t know about a hazardous condition, making it difficult to prove negligence without thorough investigation and evidence.

How Paulson Coletti Trial Attorneys Can Help You with Your Case

Navigating the complexities of duty of care and negligence laws can be daunting. That’s where Paulson Coletti’s Trial Attorneys come in. As an experienced law firm focusing on personal injury and wrongful death cases throughout Oregon and the Pacific Northwest, we provide the centered attention and aggressive advocacy you need.

Here’s how we can help:

• Comprehensive Case Evaluation: We assess the facts to determine whether the duty of care was breached and identify liable parties.
• Strategic Evidence Gathering: Our team secures the necessary proof, from expert opinions to surveillance footage and official reports.
• Tailored Legal Strategies: Every case is different, so we craft legal approaches designed to maximize your chances of success.
• Skilled Negotiation & Litigation: Whether through settlement talks or courtroom advocacy, we fight relentlessly to secure the compensation you deserve.

Call Paulson Coletti for a free consultation. We’re here to help you secure the compensation and justice you deserve.