DUTY OF CARE
April 8, 2019
The Duty of Care: What is it? The legal dictionary defines it as: ” A duty of care is the legal responsibility of a person or organization to avoid any behaviors or omissions that could reasonably be foreseen to cause harm to others. For example, a duty of care is owed by an accountant in correctly preparing a customer’s tax returns, to minimize the chance of an IRS audit. Similarly, manufacturers owe a duty of care to consumers in making sure that their products are safe for public use.”
Legal dictionary goes on to define it – Definition of ‘Duty of Care’
The responsibility of a person or organization to take all reasonable measures necessary. To prevent activities that could result in harm to other individuals and/or their property.
WHO HAS ‘DUTY OF CARE’?
Well, pretty much everybody. We all have a duty of care to protect others. But specifically when our actions, products or services could potentially hurt, harm, or injure the person who we are responsible for providing that care to.
Manufacturers, for example, have a ‘duty of care’ to oversee that their products don’t injure someone when operated as suggested. Property owners have a ‘duty of care’ to be certain that their property will not harm anybody on it. Drivers of vehicles have a ‘duty of care’ to drive in a safe manner. Services also have a ‘duty of care’ to protect their customers or consumers from harm.
In the UK, the government is considering to impose a ‘duty of care’ requirement on social media giants. Giants such as Facebook, Twitter, and Instagram. The proposed law will hold executives responsible for their content provided. Items such as videos that are extremely graphic, such as mass-shooting videos, suicide videos, and maybe even online bullying.
The U.S. version of the Guardian a UK news organization is reporting that it has obtained a leaked copy of the reported plan: “Social media bosses could be liable for harmful content, leaked UK plan reveals.”
How do you feel about executives being held responsible for the hurt or harm that is done to their users? If the ruling passes, it will almost definitely put similar legislation in place in the US. Let us know in the comment section below.
Joey Messina has been helping clients that have been injured as a result of someone ignoring their ‘duty of care’ to others. Whether you have been hurt in a vehicle accident, or you fell and injured yourself, Joey Messina of The Messina Law Firm can help. Please contact our office for a free consultation of your case.