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Legal Forums » Negligence Law Discussion Forum » How duty of care is imposed in a negligence case
Started Nov 27 2012, 15:20
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Nov 27 2012, 15:20
The plaintiff in a negligence case must in the first place establish that the defendant owes a duty of care towards the plaintiff. The duty of care may be imposed on the defendant on a variety of ways. In certain situations, the duty of care may arise out of the nature of the relationship between the plaintiff and the defendant. For instance, if the plaintiff is the patient and the defendant is the doctor the defendant will have to act diligently when treating the plaintiff. If the defendant causes any harm or injury to plaintiff by acting carelessly, a cause of action will arise for the plaintiff to sue the defendant for medical negligence. In certain situations, the duty of care may arise out of a contract. Also in certain situations duty of care may be created by operation of law.
Peter 12253649
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