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What is Duty of Care?
Duty of Care
A person in California has a legal duty to use reasonable care to avoid injuring others. Plaintiffs in personal injury cases in California must prove that the defendant breached a duty of care owed to them; as a result of that breach, the plaintiff suffered injury.
Generally, a duty of care is established by a federal, California, or local law or administrative statute, or by a federal, California, or local court decision on "common law."
Depending on their relationship, some people are expected to take special care of others. Teachers have a special duty towards the students in their care. Airlines have a special duty towards passengers.
“Duty of Care”
The term "duty of care" is not defined in California law. In contrast, the Supreme Court of California has endorsed the idea that people can be legally obligated to prevent foreseeable harm to others when it is reasonable to do so.
Occasionally, a federal, Californian or local statute specifies a specific duty of care.
In diagnosing and treating illness and injuries, doctors and other medical professionals are required to use reasonable skill, knowledge, and care.
However, even in the absence of a special duty of care, California law imposes a general duty of care. Section 1714(a) of the California Civil Code specifies this obligation, including:
Everyone is responsible for the consequences of their willful acts, as well as for injuries caused by a lack of ordinary care or skill in managing their property or person, unless the latter has, willfully or by want of ordinary care, brought the injury upon themselves.
Common Duties
As an example of common duties of care in California, including (but not limited to): the duty of drivers to obey traffic laws to avoid car accidents and injuries to pedestrians and motorcyclists; the duty of manufacturers to ensure that their products are safe to use; the duty of a property owner to maintain their premises in a safe condition so as to prevent slip-and-fall accidents; A medical professional's duty to use reasonable skill, knowledge, and care in diagnosing and treating illness and injury, or avoiding medical malpractice; a publisher's duty not to publish false information about someone (defamation); and an employer's duty not to hire someone who could pose a danger to customers or other employees.
Determining Duty of Care Exists
A judge must decide whether or not there is a duty of care in a given case.
If the judge has established the standard, it is up to the jury (or the judge in a bench trial) to determine whether the conduct of a party conforms to it. Courts are required to consider a number of factors in determining whether the defendant owed a duty of care to the plaintiff: Foreseeability of harm to the plaintiff; Degree of certainty that the plaintiff would suffer harm the plaintiff suffered injury; This includes the extent of the connection between the defendant's actions and the plaintiff's injuries; the moral blame attached to the defendant's behavior; what must be done to prevent future harm; the burden on the defendant; the implications for the community of imposing a duty of care with a consequent liability; and the availability, cost, and prevalence of insurance to cover the risk.
Obligation Breached
If a judge determines that there is a duty of care, it is the jury's responsibility to apply the facts to the standard the judge sets forth.
A jury may consider, among other things, expert testimony regarding the skill and knowledge required in a particular profession; testimony concerning the skill and knowledge used by the defendant; testimony about customs and practices within a particular industry or group of people; and whether the defendant reasonably could have predicted the risk or injury.