What is duty of care?

Proof of negligence is the basis of all personal injury claims. In other words, the plaintiff must prove the defendant was negligent in order to recoup damages for the injuries sustained. Negligence is defined as an action or behaviour which falls short of realistic standards for safeguarding someone from probable risks of harm. Generally, four elements compose negligence. They include duty of care, breach of duty, causation, and damages. This article focuses primarily on the duty of care element and how a plaintiff can prove the defendant was neglectful.…