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What is duty of care

If you’ve experienced a serious injury due to a breach of duty of care and you have made a claim, you may be entitled to compensation. Explore duty of care and negligence, and how they may be relevant to your existing personal injury claim.
5 minute read
  • Workers' Compensation
  • Public liability
Keypoints
  • A duty of care is a legal obligation to take reasonable steps to avoid foreseeable harm to others

  • A breach of duty of care is when someone’s act or omission causes harm or injury due to their negligence or failure to take reasonable precautions

  • If you’ve been injured due to a breach of duty of care owed to you and you have already made a claim you may be eligible for compensation

Have you been injured in Western Australia?

If you're injured because of someone’s negligence, you could be eligible to receive compensation under Western Australia’s public liability laws.

What is duty of care?

A duty of care is the obligation to take reasonable steps to avoid foreseeable harm to others. There is a duty of care owed in several relationships, for example:

  • Occupiers of public or private property to visitors

  • Employers to workers

  • Landlords to tenants

  • Doctors to patients

  • Road users to other drivers or pedestrians

  • Manufacturers to consumers

What is a breach of duty of care?

While accidents can happen, if an injury occurs due to someone’s negligence or their failure to take reasonable steps to avoid a foreseeable injury occurring, this may be a breach of duty of care.

For there to be a breach of duty of care, someone must have been negligent or at fault.

What is duty of care in the workplace?

In the workplace, employers have a responsibility of duty of care to their employees, to take reasonable care for their health and safety. If you're injured at work in Western Australia, you may be eligible to receive compensation.

What is a duty of care claim in Western Australia?

If you’ve been injured in Western Australia because of someone’s negligence and breach of duty of care and you have made a claim, Stephen Browne’s experienced public liability lawyers can advise on your eligibility to receive compensation.

The legal advice process typically goes through four key stages.

  1. Obligation-free first consultation: Your trusted duty of care lawyer in Perth or Joondalup will listen to you and advise on your eligibility to compensation based on your specific injury circumstances.

  2. Assess and build your case: Your public liability lawyer in Perth or Joondalup will gather information, build the case, and explore avenues for compensation.

  3. Negotiation: Your Perth or Joondalup duty of care lawyer can negotiate on your behalf with the insurer, to ensure you receive the compensation you are entitled to.

  4. Settlement: In most cases, a public liability claim for injury compensation after a breach of duty of care will be resolved without having to go to court.

Experienced duty of care lawyers in Perth and Joondalup

At Stephen Browne Personal Injury Lawyers, we’re highly experienced in public liability duty of care claims. For nearly 40 years, we’ve been committed to securing the best possible outcomes for our clients in Western Australia.    We take the time to listen, understand your injury and provide advice tailored to your circumstances. We’re privileged to represent everyday Western Australians and proud of our success.

Get in touch with our trusted Perth and Joondalup lawyers to see how we can help you.

Our No Win, No Fee* Promise

We believe everyone should have access to personal injury legal services no matter their financial situation. That’s why our experienced public liability lawyers in Western Australia work on a No Win, No Fee* basis.

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