Simple English definitions for legal terms
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Common Duty of Care: When someone owns a piece of land, they have a responsibility to make sure that anyone who is allowed to be there is safe. This means they need to be careful and take reasonable steps to prevent accidents or injuries from happening.
Common duty of care refers to a legal obligation that a landowner has to ensure that anyone who is lawfully allowed to be on their property is reasonably safe. This means that the landowner must take reasonable steps to prevent any harm or injury to visitors.
For example, if a store owner invites customers into their store, they have a common duty of care to ensure that the store is safe for customers to walk around in. This includes making sure that the floors are not slippery, that there are no obstacles in the aisles, and that any potential hazards are clearly marked.
Another example would be a landlord who rents out an apartment. They have a common duty of care to ensure that the apartment is safe for the tenant to live in. This includes making sure that the electrical and plumbing systems are in good working order, that there are no structural issues that could cause harm, and that any potential hazards (such as mold or asbestos) are addressed.
These examples illustrate the concept of common duty of care because they show how a landowner has a legal obligation to take reasonable steps to ensure the safety of those who are lawfully allowed to be on their property. Failure to meet this obligation can result in legal liability if someone is injured as a result of the landowner's negligence.