Duty of care is the basis of any negligence claim. In tort law, it’s the legal obligation imposed on an individual requiring adherence to a standard of care reasonable while performing an act that could foreseeably injure others.
If defendant owed no duty of care to plaintiff or a limited duty of care to plaintiff, it may be very difficult or impossible to prove negligence.
Businesses owe customers a duty of care, though the level of that may vary depending on:
- The type of business;
- The specific hazards therein;
- The age of customers.
For example, a day care business will owe a much higher duty of care to the children in its care than will a grocery store to shoppers. What exactly that level is might be up for dispute in individual cases. Continue reading