Understanding Duty of Care

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Duty of care is the legal responsibility to keep people safe and free from harm. If a person, business or organisation fails in their duty of care towards you and you get hurt or injured as a result, you may be entitled to claim compensation. 

In this article, we explain what duty of care means and how it applies in different settings. We’ll also share with you what you can do if you believe that a company or other organisation failed in their duty of care towards you. 

What is duty of care?  

Duty of care is a requirement placed on individuals, businesses and organisations to take reasonable steps to prevent harm to others. 

An example of a failure in duty of care is not securing loose items on a building site. This could, for example, result in an object falling from scaffolding, causing injury to workers or visitors. 

Who has duty of care? 

Every business, public sector body (like a school or a hospital) and individual has a legal duty of care to others. 

Employers 

Employers must provide a safe working environment for their employees.  

They must carry out risk assessments, ensure the safety of the equipment their staff use, and follow general health and safety regulations. 

Examples of employer duty of care breaches include: 

• Not providing adequate training on how to use equipment, which can lead to workplace accidents and injuries 

• Not providing Personal Protective Equipment (PPE) which can put workers at risk in environments where PPE is needed to prevent injury 

• Not making sure that the temperature in the places where staff are working is at a comfortable and safe level 

Healthcare professionals 

Healthcare professionals must provide safe and competent care to their patients, no matter how experienced or inexperienced they are. They must show a duty of care to patients at all stages from routine procedures right through to high-risk surgical interventions. 

Examples of healthcare duty of care breaches include: 

• Not administering the right dose of medication which can cause a patient’s health to deteriorate 

• Not monitoring a patient’s condition correctly as this can make their health condition worse 

• Not communicating clearly with patients or their families because this can lead to the wrong treatment or delayed care because the patient’s needs aren’t fully understood 

Local authorities 

Local authorities must keep public spaces safe and open to everyone, even during maintenance or improvement works. For example, if the council is renovating the town hall, they must keep the public safe from hazards like exposed wiring or construction debris. 

Examples of breaches of duty of care include:  

• Not maintaining rights of way which can lead to pedestrian ​falls on uneven pavements​ 

• Inadequate signage or warning of roadworks which can lead to traffic collisions 

• Delayed responses to reported hazards like broken streetlights which increase the risk of accidents or injuries in poorly lit areas 

Commercial drivers and fleet managers 

Commercial vehicle drivers and the companies that employ them are legally responsible for keeping other drivers, passengers, and pedestrians safe. 

Examples of commercial road user duty of care breaches include: 

• Not training staff on dealing with vulnerable road users, which can lead to cycling accident or pedestrian accident claims 

• Not maintaining vehicles in a roadworthy condition, which can lead to mechanical failures causing accidents or injuries 

• Not ensuring drivers adhere to rest and break regulations that increase the risk of fatigue-related crashes​ 

Social care workers 

Social care workers must provide care to some of the most vulnerable people in society, the elderly and people with disabilities. They must also safeguard service users to make sure they’re protected from harm, abuse and neglect. 

Examples of workplace duty of care breaches in social care include:  

• Not following established care guidelines which can harm, neglect, or abuse 

• Not providing a safe and supportive environment by failing to address hazards like ignoring spillages which can lead to accidents or injuries 

• Failing to continuously monitor and assess patient care, which can result in declining health or missed complications 

Is duty of care a legal requirement? 

Duty of care is a legal requirement for individuals, businesses and organisations. 

There is no single “duty of care” law but there are laws that require a duty of care such as: 

• Health and Safety at Work Act 1974: This law requires employers to provide a safe working environment and protect employees from harm 

• Highways Act 1980: This act requires authorities to maintain roads and make them safe for public use 

• Children Act 1989: These regulations require that the welfare, care, and protection of children must always be the top priority 

No matter where you are or what you’re doing, there’s usually some form of duty of care law that covers your safety and well-being. 

Duty of care in health and social care 

Health and social care providers’ duty of care responsibilities is expansive, especially for vulnerable groups like children, the elderly, and people living with disabilities. 

Responsibilities of healthcare professionals to maintain standards of care 

Healthcare professionals have the following responsibilities to maintain standards of care for their patients: 

• Following the guidelines on care set out by official organisations like the Nursing and Midwifery Council 

• Documenting each aspect of patient care carefully while respecting confidentiality 

• Communicating with patients and families in a way they understand 

• Staying up to date with the latest medical knowledge as part of ongoing training 

Duty of care towards patients to ensure safety and well-being 

To ensure healthcare professionals meet their duty of care to patients they must: 

• Carry out full assessments and create individual care plans based on those assessments to treat a patient’s specific medical conditions 

• Monitor their patients to make sure they are safe and not in need of anything extra 

• Keep lines of communication open with their patients and their families 

• Work with other healthcare professionals and colleagues so they can identify and address any new risks a patient may face 

Duty of care in workplaces 

Whether you’re on a building site or in a factory, your employer must ensure you and your colleagues work in a safe environment. To do this, there are several activities they’re expected to carry out. 

• Carry out regular risk assessments: Your employer must assess any risk in the workplace that could harm or injure you or other workers 

• Provide training: You must be trained on how to use the equipment you use to do your job properly and safely 

• Supply Personal Protective Equipment (PPE): You must be given safety equipment like helmets, gloves, and goggles if you’re in a hazardous area 

• Maintain the equipment you use: Your employer should carry out regular checks and maintenance on the equipment you and your colleagues use that if faulty could cause an injury 

Duty of care in public safety 

Local authorities and other public bodies must keep roads, pavements and other public facilities (indoor and outdoor) in good repair. If you’re injured in one of these areas because of a duty of care breach you may be able to make a public liability claim. 

Under the Occupiers’ Liability Act 1957, private sector property owners and occupiers like shops and supermarkets must also take reasonable steps to keep their premises safe for visitors. Responsibilities include:  

• Making the premises safe: Businesses must ensure their floors, walkways and paved areas are not slippery and passageways are clear. They need to service and maintain their equipment and buildings. Companies must also inform customers of emergency procedures.  

• Highlighting specific dangers: They need to signpost hazards like cables or unstable furniture that could cause trips or falls. They also clearly need to mark dangers like wells, ponds, steep drops, and any equipment or machinery that’s in use. 

• Staff and visitor behaviour: Occupiers may also be held responsible for accidents caused by their staff or other visitors. For example, if a staff member leaves an obstruction in a walkway or a visitor fails to close a gate, the business may still be liable for any resulting injuries. 

Please note that duty of care doesn’t generally extend to areas that are marked as out of bounds like a kitchen in a restaurant. However, occupiers will be liable for all accidents caused by negligence, no matter how many signs they put up. 

Duty of care for road users 

Road users, particularly commercial drivers, must show a duty of care toward others, especially vulnerable groups such as pedestrians, cyclists, and motorcyclists. 

Fleet managers are responsible for training their drivers in safe driving practices and ensuring they follow the Highway Code.  

Fleet managers and companies are responsible for the following: 

• Implementing comprehensive risk assessments: Fleet managers conduct regular risk assessments to identify potential hazards associated with driving tasks, vehicle types, and routes. 

• Promoting driver health and well-being: Drivers should have access to resources and support systems that promote their physical and mental health. 

• Providing ongoing driver education: Continuous education on road safety laws and industry regulations, like the Highway Code updates, keeps drivers informed and prepared for safe driving. 

What you should do if you feel duty of care has been breached 

If you believe you’ve been harmed or injured as a result of the failure of a duty of care, take these five steps: 

• Get medical help: Make sure you and others on the scene are OK. You should get a doctor to check out your injury, even if it appears minor, so they can rule out underlying issues and as a record for a future compensation claim. For serious accidents, always call 999. 

• Report the incident: For work accidents, get your employer to record details of the incident in the accident book. They’ll need to report serious injuries under RIDDOR. If you’re involved in a road traffic accident and there are injuries, you need to tell the police. 

• Gather evidence: Take eyewitness details and photos of both the scene and your injuries. Write down in as clear a way as possible what happened from your point of view. You should also keep a record of all the medical treatments you receive. 

• Track financial losses: Store all receipts and records of expenses, medical costs, lost wages and property damage so that they can be added to your compensation claim. 

• Talk to a personal injury solicitor: A specialist solicitor will guide you through the claims process, explain your rights and negotiate on your behalf to ensure you receive a just and fair level of compensation. 

Protecting your rights and seeking compensation 

If you’ve been involved in an accident and believe your duty of care has been breached, the team at The Compensation Experts can help manage your claim.  

Speak to one of our team and tell them what happened to you. If they believe you have a case, they’ll put you in touch with an experienced solicitor to handle your case.  

Contact our friendly team on 0800 182 2190 or click to start your claim.