Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Duty of care definition

What does Duty of care mean? In practice, a duty of care is the legal obligation to take reasonable care to avoid causing foreseeable harm to another person in the circumstances of the case. It is principally a case law concept in negligence (tort) and delict, though specific statutes (for example, occupiers’ liability and health and safety legislation) impose particular duties in defined settings. In England & Wales and Northern Ireland, courts typically consider whether harm was reasonably foreseeable, the parties were in a relationship of proximity, and whether it is fair, just and reasonable to impose a duty (Caparo). Limits frequently arise for omissions, public authorities...

Breach of Duty of Care in Personal Injury: Reasonable Person, Risk, Social Utility, Precautions and Standards for Children, Professionals, Occupiers and Employers (England and Wales)

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Practice notes

The duty of care

The initial task is to confirm that a common law duty of care arises between the parties. After that, the claimant must establish a breach of that duty, ie the defendant’s behaviour fell short of the required standard of care. While expert opinion can be commissioned, the existence of a duty is most often treated as a factual question. For further guidance, see the following Practice Notes:

Duty of care in personal injury claims
Duty of care and breach in clinical negligence claims

The reasonable person test

When deciding whether the duty has been broken, the court typically applies the reasonable person test, ie what a reasonable person would have done, refrained from doing, or anticipated, in the circumstances of the specific incident. What the court regards as reasonable conduct will depend on the particular facts...

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Web page updated on 21/05/2026

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