A legal or moral obligation imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably cause harm thus ensuring the safety or well-being of others and their property. The first step in a negligence claim is to establish that a duty of care was owed.
Questions tagged [duty-of-care]
20 questions
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Is "I didn't think it was serious" usually a good defence against "duty to rescue"?
Supposing A gives B food that contains an ingredient that, unknown to A, B is violently allergic to, and B collapses. A refuses to call an ambulance, saying that B is just being dramatic, and continues to do so even when C confirms that B does, in…
A. B.
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Does the duty to rescue in German Law (StGB §323c) only apply for accidents, or also for deliberate acts?
Under German law, there is a "duty to rescue" according to StGB 323c (emphasis mine):
(1) Whoever does not render assistance in the case of an accident or a
common danger or emergency
[...]
incurs a penalty of imprisonment for a term not
exceeding…
sleske
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Does a duty of care arise from advertised functionality?
Credit card issuer advertises "account alerts" on its website and in other communications, e.g., to "receive a reminder when your payment is due". Customer sets up alerts, and relies on them to know when to make a payment. Bank fails to send them,…
Josh Johnson
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Who has ultimate responsibility for a child who forged their permission slip and is then injured on a school trip?
A school is going on an excursion. The child is given the permission slip to take home and get signed by his legal guardian, but he forges the signature instead. On the excursion, he gets injured. Who is legally responsible for the child? Is it the…
stickynotememo
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Does "duty to rescue" apply to a child that one has no direct responsibility for?
This appeared in a comment on another SE site:
If I am sitting by a deep swimming pool and see an unsupervised toddler child playing close to the edge - and then watch the child fall in and drown, and do absolutely nothing to prevent it - I am,…
Ray Butterworth
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If you know someone is committing infant abuse, do you also commit a crime if you choose not to report it?
What are a person's legal responsibilities if they believe that someone is currently committing infant abuse, but are not certain that they are doing so.
For example, they might learn this from internet posts or observing my neighbor. The person who…
dodo
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laboratory results being withheld until payment received from self pay patient
Is it legal for a Laboratory to withhold results from the ordering provider until a self pay patient pays their bill in full?
Dani
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When a lawyer is paid by an insurance company and representing an individual to whom do they have a duty to act in best interests of?
As I understand it, with regards to civil claims handled through insurance there are two duties involved:
An insurance company has a duty to defend their client, in the US this seems to be inherent in insurance law, in the UK it seems to depend on…
User65535
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In the US, if I chose to let someone die purely because I have the right to use my body however I choose, would I be charged with murder?
I'll elaborate on the title:
Someone asked me the question:
Do you believe people should be forced to allow the use of their organs without consent?
And in order to respond, I wondered what a court of law in the US would rule in the following…
J.Todd
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How can a liability limitation in a contract between two parties prevent a damaged 3rd-party from taking action?
Answers to this question Do tech companies like Microsoft & CrowdStrike face almost no legal liabilities for major disruptions? suggest (correctly) that parties to a contract can allocate risk however they choose, including limiting liability for…
Dale M
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Is there an overlap between breach of contract and negligence?
It seems that negligence requires among other elements the presence of a duty of care, while breach of contract is a different type/cause of action, and yet it would also seem by common sense to produce a heightened duty of care between contracting…
TylerDurden
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Is it illegal for someone with a duty of care to not act on questionable information?
Someone told me about a case where some people got lost in the woods, "the authorities" (not sure who, but let's assume they had a legal duty to rescue the people who got lost) could not find them, someone who the authorities would not necessarily…
Someone
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How would police proceed if arrestee is injured?
Hypothetically, a man is arrested after being chased by police and is being taken back to cop cars. On the way, he is shot in the chest and needs immediate medical attention. My idea right now is to have a helicopter called to take him to a…
bookloverKM
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Can a need assessment for the purpose of the Care Act 2014 be done privately?
Generally they are required to be performed by a local authority. However, for NHS medical assessments, there is a statutory right to choose where the period of time that has passed since the referral has been made exceeds a certain length. Under…
TylerDurden
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What is the closest American analogue to the Care Act 2014?
Does the United States have any near equivalent to the Care Act 2014 that guarantees some degree of provision of care to people with care needs?
TylerDurden
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