Duty of care is the legal obligation one person or entity has to act with reasonable care to avoid causing harm to others. In personal injury law, it is the foundation of almost every negligence claim. Before anything else can be established in a case, there must first be a recognized duty of care. Without it, there is no legal basis for holding someone responsible, no matter how serious the injury may be.
Who Owes a Duty of Care?
Duty of care applies broadly across many situations and relationships. Some of the most common examples include:
- Drivers. Every driver on the road owes a duty of care to other motorists, passengers, cyclists, and pedestrians. This includes obeying traffic laws, maintaining a safe speed, and avoiding distractions. A driver who runs a red light or texts while driving may have breached this duty.
- Property owners. Owners and occupiers of property generally owe a duty to keep their premises reasonably safe for lawful visitors. This can mean fixing hazards, providing adequate lighting, and warning of known dangers. A business owner who fails to clean up a spill or repair a broken step may be liable if someone is injured as a result.
- Healthcare providers. Doctors, nurses, and other medical professionals owe their patients a duty to provide care that meets accepted standards in their field. When a provider fails to meet this standard and a patient is harmed, it may form the basis of a medical malpractice claim.
- Nursing homes and care facilities. Under the Illinois Nursing Home Care Act (210 ILCS 45), facilities that care for elderly or vulnerable residents have a legal obligation to provide adequate medical care, supervision, and protection from foreseeable harm. Failures in this area may support a claim for nursing home neglect or abuse.
- Employers. Employers have a duty to provide workers with a reasonably safe environment, proper training, and appropriate safety equipment.
How Duty of Care Fits Into a Negligence Claim
Duty of care is the first of four elements that must be established in a negligence case. A plaintiff must show that the defendant owed them a duty of care, that the defendant failed to meet that duty, that the failure caused the injury, and that the injury resulted in measurable harm. Under Illinois law (735 ILCS 5/2-1116), fault is apportioned based on each party’s degree of responsibility, which means establishing whether a duty existed and was breached is a critical first step in any Illinois personal injury case.
Does the Level of Duty of Care Ever Change?
Yes. The law recognizes that some relationships and roles carry a higher standard of responsibility. Healthcare providers, for example, are not held to the same standard as an ordinary person. They are expected to act as reasonably competent professional in their specialty under the same circumstances. Similarly, common carriers, such as bus and transit companies, owe a heightened duty of care to their passengers.
What Happens When Duty of Care Is Breached?
When someone fails to uphold their duty of care and another person is injured as a result, the injured person may have grounds to pursue a personal injury claim. Compensation in these cases can include medical expenses, lost income, and damages for pain and suffering, among other losses.
If you believe someone’s failure to act with reasonable care led to your injury, speaking with an attorney can help you understand your options. The attorneys at Levin & Perconti have recovered over $1 billion for clients harmed by the negligence of others. Call (312) 332-2872 or contact us online for a free consultation.
