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Glossary · Negligence Law

Duty of Care

Duty of care is the legal obligation to act with reasonable care toward others — the first element of negligence.

Negligence Law

What “Duty of Care” Means

Duty of care is the legal obligation to act with reasonable care toward others — the first element of negligence. Every driver owes it to everyone on the road; businesses owe heightened duties to invited customers; commercial carriers owe elevated care to passengers; property owners owe duties scaled to a visitor’s status.

Why It Matters in Your Texas Case

Duty questions decide premises cases especially: an invitee (customer) is owed inspection and correction of hazards; a licensee less; and children may be owed protection from “attractive nuisances” like unfenced pools regardless of trespass. McKay Law briefs status correctly from the start because insurers routinely misclassify visitors to shrink the duty owed. Establish the right duty, and the breach — the spill unmopped, the stair unrepaired, the security cut — becomes measurable against it.

Related Terms

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