Have you ever wondered about your legal responsibilities toward others? Whether you’re an employer, a business owner, or even a passerby, duty of care laws play a crucial role in everyday life. But who has a duty of care? And what happens if it’s breached?
In Australia, the law expects individuals and organisations to take reasonable steps to prevent harm to others. From workplace safety to public spaces and professional services, the examples of duty of care are vast. But when someone fails to uphold their responsibility, the consequences of breaching duty of care can be severe—leading to personal injury claims, financial penalties, and even legal action.
In this article, we’ll break down duty of care laws, explore who has a duty of care, highlight real-world examples of duty of care, and explain the consequences of breaching duty of care—helping you understand your rights and obligations under Australian law.
What Are Duty of Care Laws?
A legal requirement that applies on us, to prevent wrongdoing that might cause forseeable injury to another person is known as a duty of care. Everyone may carry a duty of care; it is an obligation to ensure their own and others’ safety.
If you are a business, you are primarily responsible for the health and safety of all employees and visitors in your workplace. If you are a surgeon, you are responsible to inform the consequences of the treatment and putting reasonable care.
What is a breach of duty of care?
Breach of duty of care is simply, when you have caused an injury due to being negligent to another person. To better clarify; where someone is hurt as a result of another person’s conduct or inaction when it was reasonably foreseeable that the action would cause injury, and a reasonable person in the same situation would not have behaved that way, a duty of care has been breached.
Consequences of Breaching Duty of Care in Australia
Legal Penalties and Compensation Claims
If someone is injured due to negligence, they may file a personal injury claim for compensation. Courts can order the negligent party to cover:
- Medical expenses
- Lost wages
- Pain and suffering
- Rehabilitation costs
Financial and Reputational Damage
Businesses that fail to uphold duty of care can face lawsuits, loss of customers, and damaged reputations.
Criminal Liability for Severe Breaches
In extreme cases, breaching duty of care can lead to criminal charges—such as workplace manslaughter if negligence results in a fatality.
Who Has a Duty of Care in Australia?
Examples of Duty of Care in Everyday Life
Public Liability and Duty of Care
If you have suffered a physical or mental injury in public or private property because of the occupier’s negligence, you might be entitled to claim compensation for your injuries. Individuals, corporations, and organizations all have a duty of care to guarantee people’s safety. This includes venues, shopping centres, supermarkets, sports fields, parks, gardens, and walkways, as well as public, commercial, and retail properties. For example, an injury due to slipping on a wet surface in a supermarket, or falling off in a public place due to uneven flooring. Reach our public liability lawyers.
Medical Negligence and Duty of Care
If a healthcare provider (such as a surgeon, doctor, pharmacist etc.) fails in their duty of care and causes your injury, you may be entitled to medical negligence compensation benefits. Reach our medical negligence lawyers.
Workers Compensation Claims and Duty of Care
If you suffered an injury during the course of work and your employer was at fault, you may be entitled to a work injury damages compensation payout in addition to the workers compensation claim. Reach our workers compensation lawyers.
Motor Vehicle Accident Claims and Duty of Care
If you were injured in a motor vehicle accident due to someone else’s fault, you may be entitled to claim compensation benefits and a lump sum payout to take into account your future. Rech our motor vehicle accident injury lawyers.
What to Do If Someone Breaches Their Duty of Care?
If you’ve been injured or suffered harm due to someone’s negligence, consider the following steps:
- Seek medical attention – Prioritise your health and document your injuries.
- Gather evidence – Take photos, collect witness statements, and keep medical records.
- Report the incident – Notify the responsible party, such as an employer or business owner.
- Consult a personal injury lawyer – Legal advice can help you understand your rights and claim compensation.
How Withstand Lawyers Can Help With Duty of Care Claims
You may want to consider working with an experienced duty of care lawyer to ensure the success of your injury claim that is subject to breach of duty of care.
Our team at Withstand Lawyers can assist you to get you the highest compensation in the shortest possible time. You can meet our experienced compensation lawyers in New South Wales and Western Australia. We work on a No Win No Fee basis; meaning that you do not pay any money for our legal services if you don’t receive compensation.
Reach us on 1800 952 898 or fill the form below to get legal advice.
Issa Rabaya
• Bachelor of Laws
• Graduate Diploma in Legal Practice
• Approved Legal Service Provider to the Independent Review Office
• Member of the Law Society
Issa Rabaya
• Bachelor of Laws
• Graduate Diploma in Legal Practice
• Approved Legal Service Provider to the Independent Review Office
• Member of the Law Society
