What does 'duty of care' in negligence law entail?

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In the context of negligence law, 'duty of care' refers to a legal obligation that arises when an individual or entity has a responsibility to avoid causing harm to others. This principle is foundational in tort law, establishing that individuals must act with a certain standard of care in their actions to prevent foreseeable harm to others.

In a negligence case, the claimant must demonstrate that the defendant owed them a duty of care, which requires the defendant to act in a way that avoids causing injury or damage. This standard often considers the reasonable foreseeability of harm, the relationship between the parties, and public policy considerations.

This principle does not include specific requirements for reporting incidents, as seen in some types of regulatory frameworks, nor does it embody statutes that outline penalties specific to negligence. Additionally, it does not focus on criminal behavior, which is a separate area of law concerned with offenses against the state and societal norms. Thus, the notion of a duty of care is entirely about the obligation to act carefully and responsibly to prevent harm to others.

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