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What is a duty of care?

The person or company that injured you must have been in a position in which the law imposes a responsibility that they act or refrain from acting in a way that would cause foreseeable injury to you.

  • Click here for a simple example of duty:
  • Click here for a simple example of lack of duty:

There are four levels of duty in tort law and, therefore, in personal injury law.

  1. Duty to Refrain from Intentional Injury:
  2. Negligence:
  3. Recklessness:
  4. Strict Liability:

Will it be difficult for my lawyers to establish that the person who injured me had a duty to me?

In reality, duty is not a high standard—in many everyday situations (driving a car, doing lawn work, manufacturing products, keeping stores safe for customers, delivering medical care), we all owe various other people a duty to avoid hurting them by our negligent behavior.

Just remember, however, there are situations in which one person does not owe a duty to another. In those situations, if an injury occurs, there is no right to recover damages. A lawyer will be able to determine whether the person or company that injured you owed you a duty of care and what level of duty (negligent, reckless, strict liability) that person or company owed.

I think I have been injured by the wrongful conduct of another

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