Duty of care
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This concept arises from the need to maintain the safety of members of the public at all times. Without this basic legal principle, injury compensation claims would not be possible. It serves as a legal reminder that we should always behave reasonably and with caution, while taking into account the wellbeing of others. We all owe each other a duty of care at some point in our daily lives. For example - all road users owe each other a duty of care to drive safely; all employers owe a duty of care to their employees to maintain a safe place of work; owners of buildings owe a duty of care to all visitors to take reasonable steps to maintain the premises.
If you have been injured in an accident that wasn’t your fault it is highly probable that the person or organization involved will owe you a duty of care.
The next step in proving your injury claim is to establish that the duty of care was breached by the other party.
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