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Duty Of Care
Duty of care means you are legally required to act reasonably to avoid harming others in situations where your actions could foreseeably cause injury.
What it actually is
In a negligence case, the plaintiff must first prove that the defendant owed them a duty of care—a legal obligation to take reasonable steps to prevent harm. The court determines whether a duty exists based on the relationship between the parties and the foreseeability of harm, usually as a threshold question before examining breach or damages.
Why it matters in your case
If no duty of care exists, the defendant cannot be held liable for negligence, no matter how careless their conduct or how severe the injury. Establishing or defeating duty is often the first major battle in a negligence lawsuit, so it can determine whether the case proceeds or is dismissed early.
The common misunderstanding
Many people think a duty of care exists whenever someone is injured, but in fact it only arises in certain legally recognized relationships (e.g., driver to pedestrian, doctor to patient, property owner to visitor). A moral duty to help is not the same as a legal duty of care.
Get the actual rule
Definitions are orientation; rules are authority
This page explains the concept. When it matters to your case, read the rule that governs it in your court — we hold Texas, federal and Washington court rules word for word, and every state's official resources are on the state pages. If someone cites a case at you, check that it exists first.
Related
Terms that travel with this one
General explanation, not legal advice, and not specific to any state — procedures and deadlines vary by jurisdiction and court. If you can get a lawyer or free legal aid, do: every real option.