Torts
Duty of Care
Definition
Duty of care is the legal obligation to conform to a standard of reasonable conduct to protect others from foreseeable risks of harm. Whether a duty exists is a question of law for the court. The general rule is that everyone owes a duty to act as a reasonably prudent person under the circumstances. Special relationships, such as innkeeper-guest or common carrier-passenger, may impose heightened duties. Foreseeability of harm is the key factor in determining whether a duty exists.
Example
A landowner who opens their property to the public owes a duty to inspect for and warn of hidden hazards.