Due Care Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Due Care, written in plain English, along with examples of how it is used.

What is Due Care?

n. Behavior that a sensible woman or man will implement in a particular situation when seeking the safety of others. If due care was utilized, then an injured party cannot prove negligence. Juries have to decide what a “reasonable” man or woman would do in a particular situation. This is one of the nebulous standards cannot prove negligence.

History and Meaning of Due Care

Due care is a legal concept that refers to the measure of prudence or caution that a reasonable person should take to avoid harm to others or their property. It is often used to establish whether an individual or organization breached their duty of care, resulting in injury or damage. The concept of due care has been an essential legal principle for centuries and is used widely in various areas of law, including torts, contracts, and criminal law.

Examples of Due Care

  1. A doctor is expected to exercise due care while treating their patients, including providing adequate medical treatment and communicating the risks and benefits of the treatment.
  2. A business owner must use due care to ensure their premises are safe for customers, including fixing hazards and providing adequate warnings.
  3. A driver should exercise due care while driving, including obeying traffic laws and avoiding reckless behavior.

Legal Terms Similar to Due Care

  1. Reasonable Person Standard: It refers to the legal standard that measures whether an individual's conduct is reasonable or not based on how an imaginary "reasonable person" would behave in similar circumstances.
  2. Negligence: It refers to the failure to take reasonable care or to act as a reasonable person would in a particular situation, resulting in injury or harm to others.
  3. Duty of Care: It is the legal obligation, requiring one to take reasonable steps to avoid harm to others, given the foreseeable risks associated with their actions or inactions.