What is Due Care Theory?

Updated: January 13, 2023
The due care theory is a legal theory that holds people and organizations accountable for failing to take reasonable steps to prevent foreseeable harm.
Detailed answer:

The theory states that if an individual or organization has a duty to act, they must take all reasonable steps to act in order to prevent harm.

The concept of due care has been applied in many areas of law, including:

Product liability: If a company manufactures a product that causes injury, they must have taken all reasonable steps to ensure the product was safe. This can include checking their supply chain, reviewing warning labels on products, and conducting research into possible hazards before releasing a new product onto the market.

Negligent hiring: If an employer hires someone who harms another person because of their own negligence, then the employer may be held responsible for not taking reasonable precautions when hiring employees. This can include asking for references from past employers or applicants’ references, checking criminal records for applicants who will be working with vulnerable people or handling money and other valuable items at work, and checking references from previous employers or from previous landlords if there are any concerns about the applicant’s behavior in those situations as well.

The duty of care is not absolute, and there are some circumstances where a person may be exempt from liability. The most common example of this is when a person acts in the course of their employment. If someone is injured at work because they don’t have a safety net, it’s not your fault as an employer – you were only doing what was required of you by law.

What is Due Care Theory?. (2023, Jan 13). Retrieved from https://graduateway.com/qa/what-is-due-care-theory/