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What is “duty of care”?

Duty of care is a duty imposed by the law on every person to behave with the caution that a reasonable and prudent person would exercise under the same circumstances. In order to successfully prove negligence in a Texas personal injury lawsuit, you must first prove that the defendant owed you a duty of care and that the duty of care was breached.

We all owe a general duty of care to the public and those around us. There is no requirement that you be contractually bound to another person in some way before you owe them a duty of care. Rather, the duty of care is automatic and owed by all of us to anyone who may be affected by our actions.

If you have been the victim of an accident caused by the negligence of a third party, contact Fears | Nachawati today. You will receive free legal advice from a Texas personal injury lawyer who can answer all of your questions about the litigation process. You can email us at or call us on our toll-free number at 1.866.705.7584.


Personal Injury

What is “duty of care”?