What Is Duty Of Due Care?

Posted on: 10 May 2018


The thought of losing a loved one is never easy, but the thought of losing someone because of the negligence of another party is one of the hardest things you can experience. If you have had this unfortunate experience and decide to hire a wrongful death attorney, you will probably feel a little overwhelmed with all of the new terminologies the attorney will use to describe your situation. One of the terms that is likely to come up is a duty of care. So what is a duty of care and how does it have anything to do with a wrongful death case? Here are a few things you should know. 

Duty of care does have a specific definition that you should understand. 

You should first understand the actual legal definition of duty of care as it applies to legal matters so you can understand how it applies to a wrongful death case. According to Law.com:

A requirement that a person act toward others and the public with the watchfulness, attention, caution and prudence that a reasonable person in the circumstances would use. If a person's actions do not meet this standard of care, then the acts are considered negligent, and any damages resulting may be claimed in a lawsuit for negligence.

Duty of care differs depending on who was at fault. 

Duty of care is not a one-size-fits-all thing. In fact, the present duty of care can differ depending on the situation or the relationship between two parties. For example, a medical product manufacturer has the duty of care to ensure their products will not cause harm to a patient who receives their product. A business owner has a duty of care to ensure they make reasonable decisions to keep their customers and employees safe. Doctors, of course, have the duty of care to act in ways in accordance to usual medical practices. 

Duty of care has a huge bearing in a wrongful death lawsuit. 

When you file a wrongful death lawsuit, you will be tasked with proving the negligence of another party is the reason your loved one lost their life. Part of proving this will fall on rules that come about because of duty of care. The more you can prove that a defendant stepped away from their duty of care, the more successful you may be at proving your claim and why the defendant should be held responsible. 

To learn more, contact a law firm like Hoffman Richard D Law Offices of.