Jurisdiction(s):
United Kingdom

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...

Common law duty of care in personal injury: established relationships, novel duties, control mechanisms, psychiatric injury, omissions, and liability of public authorities, police and ambulance services

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Practice notes

This Practice Note examines the duty of care at common law. For material on statutory obligations, consult Practice Note: breach of statutory duty and the overlap with the common law. For breaches of the duty of care, refer to Practice Note: Breach of the duty of care in personal injury claims. For guidance on vicarious liability, see Practice Notes: Nature and operation of vicarious liability, Scope and impact of vicarious liability, and Vicarious liability in the course of employment—the close connection test. For the duty of care in clinical negligence, see Practice Note: Duty of care and breach in clinical negligence claims. To succeed in a common law negligence action, a claimant must first establish that the defendant owed them a duty of care.

Examples of established relationships

When determining whether a duty of care exists, the court will consider if there is an established precedent for the parties’ relationship and will follow those precedents unless there is a reason to consider departing from them...

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Web page updated on 12/06/2026

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