Duty of Care Definition

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1. A legal obligation to act toward others and the public with at least a certain degree vigilance, caution, and prudence. Someone whose actions "breach" (fail to meet) the duty of care is considered negligent, and can be liable for resulting damages.

2. An essential element of a negligence claim. The plaintiff (the party who files suit) must prove that the defendant owed the plaintiff a duty of care, and that the defendant breached that duty of care.

(See also: reasonable care; standard of care)

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