Did You Know That You Have Legal Duties?

Our "legal duty of care" has evolved over the centuries from English common law. Today, it is specifically defined as a requirement for a person to act toward others, and the public in general, with “watchfulness, attention, caution, and prudence that a reasonable person in the same circumstances would use.” If a person's actions do not meet this standard, then the acts are considered negligent, and any damages resulting from such behavior may be claimed in a civil lawsuit.

Part of this evolution is the advent of insurance companies which protect their customers from lawsuits by agreeing to pay legal damages to those who have been harmed by their customers’ negligent acts.

Insurance coverage does not relieve negligent people, businesses, or other entities from their responsibility to not harm others. We all remain “duty-bound” to do all we reasonably can to not harm people through negligent or willful acts.

A Common Example of Our Duty to Others

Let’s consider duty as it applies to a car accident. Assume you ran a red light and broadsided "Sue" in the intersection. Sue can sue you for all damages arising from the accident because you broke the law. They include:

• All medical bills
• Lost income for the period she cannot work
• Repair or replacement of her vehicle and any property in it that was damaged or destroyed
• Her pain and suffering.

Even if you had no “willful intent” to injure Sue, you will likely be found liable for payment of all damages to Sue because you had a duty of care to act as a reasonable driver. A reasonable driver doesn’t run red lights at intersections, because it’s dangerous and illegal, so you breached your duty of care. And because breaches of a driver's duty are so common, every state – including Texas – requires all drivers to carry liability insurance (or proof of financial responsibility). When your insurance company pays Sue, you will find that it raises your rates because you violated your duty of care, and they had to pay for it.

Regarding vehicle accidents, as private citizens, our duty of care is not as high as that of “common carriers” such as bus drivers, train engineers, and airplane pilots. Their duty is higher because more people can be injured or killed if they operate their vehicle negligently.   

Other professions also come with higher duties of care. A doctor, for example, must not only act as a reasonable person like you or me, but they must also display the knowledge and professionalism which a reasonable doctor would under similar circumstances. This is why a minor mistake can lead to a doctor's being sued for malpractice. The same holds true for pharmacists and virtually all healthcare professionals, along with the hospitals/clinics where they work.

The Duty of Care by Those Who Own or Rent Property

Homeowners, most landlords, and businesses also have a legal duty.

When a homeowner invites someone to enter their residence for any lawful purpose, this homeowner has a duty to exercise “ordinary care to keep the premises safe.” This invitation may be expressed by asking the visitor to "please come in" or some other clear inducement or implied understanding based on known customs where the invitation is mutually understood (like your best friend visiting to watch a ball game, or a long-time neighbor walking into your garage to return a borrowed power tool).

Businesses must act under slightly more stringent rules regarding duty of care. For example, if a restaurant fails to place a rug or rubber mat near a doorway on a rainy day and water accumulates, causing a customer to slip and fall on the wet floor, they have failed in their duty of care. Because the business did not take actions to avoid injury to customers, or to warn them of the hazard, they were in breach of their duty and can be sued by a patron who was injured. If you are injured due to someone’s violation of their legal duty of care, it is in your best interests to speak with a seasoned personal injury attorney.