Duty

A person has a duty to fulfill any legal obligation that compels them to act in accordance with a predetermined code of ethics. In the context of cases involving personal injuries, “duty” or “duty of care” typically refers to the obligation to behave in such a way as to avoid causing harm to other individuals.

The term “duty” can refer to a number of different things in the legal system, including the obligation that each of us has to abide by the law, the “duties” or taxes that are levied on imports from other countries, and the responsibilities that trustees have to corporations and other types of contractual agreements. But perhaps the most common application of the word duty is the responsibility that each of us has to avoid causing harm to other people.

When driving, for instance, every motorist has the responsibility to be cautious of those around them. This includes keeping a watchful eye on the road, abiding by the laws of the road, and coming to a complete stop when there is a pedestrian in the street, regardless of whether or not there is a crosswalk nearby.

A person has violated their “duty of care” toward other people when they fail to exercise reasonable caution while driving. For example, failing to watch the road or failing to turn on headlights when driving at night could cause an accident. Because of this lack of consideration for the safety of others, the driver is in violation of their duty of care because they are putting other people in danger.

Negligence refers to the breach of the duty of care that occurs when one is simply careless. Recklessness or gross negligence refers to the intentional breaking of a law or behaving in a way that is extremely dangerous. In either scenario, individuals or businesses who breach their duty of care and cause harm to another person are subject to civil and criminal penalties for their actions.