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b. Who commonly owes, or is owed, duties of care?

Some duty relationships are familiar and often easier to recognise. That does not mean liability is automatic, but these are common starting points. ​ 

 

(i) Road users 

Drivers, motorcyclists, cyclists, and pedestrians must take reasonable care for one another’s safety. 

 

(ii) Employers and employees 

Employers generally owe duties to employees to provide a reasonably safe workplace, safe equipment, competent co-workers, and a safe system of work. ​ 

 

(iii) Occupiers and visitors 

People controlling premises may owe duties to lawful visitors to guard against dangers due to the state of the premises. For more information, please refer to “Occupiers’ liability”. 

 

(iv) Manufacturers and consumers 

Manufacturers owe a duty to ultimate consumers to take reasonable care in the manufacturing of products to prevent physical injury or property damage. 

 

(v) Professionals and clients 

Doctors, solicitors, engineers, architects, surveyors, and other professionals may owe duties to clients, and sometimes in limited situations to others affected by their work. For more information, please refer to “Professional liability”. 

 

(vi) Custodial relationships 

Prison and police authorities owe a duty of care for the safety and well-being of those in their custody, particularly when a prisoner is a known suicide risk. 

 

(vii) Educational relationships 

Schools and teachers owe a duty to take reasonable care of pupils while they are on the premises during school hours. 

 

The duty of care in relation to certain specific groups will be discussed in detail below. 

 

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