Define: Due Care

Due care refers to the legal obligation of individuals to act with the level of caution, prudence, and attention that a reasonable person would exercise under similar circumstances to avoid causing harm to others.

Due care is important in law as it forms the basis of the duty of care owed by individuals to others, serving to prevent negligence and establish liability for damages in civil cases.

Some of the factors determining whether due care has been met may include:

• The foreseeability of harm.
• The magnitude of the risk.
• The likelihood of the harm occurring.
• The cost and feasibility of precautions.
• Industry standards or practices.

The standard of due care is typically based on what a reasonable person would do in similar circumstances, considering factors such as age, experience, knowledge, and the nature of the activity or profession.

Yes, the standard of due care may vary between professions or industries based on the specialised knowledge, skills, or duties required for specific occupations or activities.

Negligence involves the failure to exercise the level of care required by law, resulting in harm to others. Failure to exercise due care is a component of negligence, reflecting the absence of reasonable caution or prudence.

Yes, a breach of due care can lead to legal liability if it results in harm to others and meets the elements of negligence, including duty, breach, causation, and damages.

Individuals can demonstrate compliance with due care by taking reasonable precautions, following industry standards or best practices, and documenting their actions to show diligence and prudence.

Yes, some of the legal defences against claims of failure to exercise due care include:

• Contributory negligence by the plaintiff.
• Assumption of risk.
• Statutes of limitations.
• Lack of proximate causation.