Duty of Care

Legal Definition

A duty of care is a legal obligation imposed on a person or organisation to take reasonable steps to avoid causing foreseeable harm to others who might be affected by their actions. **In negligence law**, a claimant must prove four elements: (1) the defendant owed a duty of care; (2) the defendant breached that duty; (3) the breach caused harm; (4) the harm was not too remote. The leading test asks whether a reasonable person in the defendant's position would have foreseen the risk of harm. **In employment law**, an employer owes a duty of care to employees that includes: - Providing a safe working environment (occupational health and safety). - Not exposing employees to foreseeable psychological harm (such as from unreasonable workloads or workplace harassment). - Taking reasonable steps to prevent foreseeable injuries on the job. In South Africa, the employer's duty of care is reinforced by the **Occupational Health and Safety Act 85 of 1993** and the **Compensation for Occupational Injuries and Diseases Act (COIDA)**. An employee injured at work due to the employer's breach of duty may claim from COIDA without needing to sue the employer, but may also pursue a civil claim for damages in certain circumstances. Duty of care also applies in professional contexts — a doctor owes a duty of care to patients, a lawyer to clients, and a school to its learners.