Legal Definitions - due care

Due care, also known as ordinary care or reasonable care, refers to the level of caution, attentiveness, and responsibility that a sensible and prudent individual would typically exercise when faced with a particular situation or set of circumstances. It is a fundamental concept in law, especially in cases involving negligence, where it helps determine whether someone acted responsibly or failed to meet an expected standard of conduct, leading to harm.

While primarily used in the context of personal responsibility and negligence, the term 'due care' can also relate to due diligence in corporate and business law. In that context, it refers to the thorough investigation and research a party undertakes before entering into an agreement or a transaction, ensuring they have all necessary information and have acted prudently.

• Example 1 (Driving Safety): A driver approaching a school zone during dismissal hours slows down significantly, scans for children, and prepares to stop, even if no children are immediately visible.

  Explanation: A reasonable and prudent driver, understanding the increased risk in a school zone, would take these proactive steps to ensure the safety of pedestrians. This demonstrates exercising due care by anticipating potential hazards and adjusting behavior accordingly.

• Example 2 (Professional Responsibility): A financial advisor, before recommending an investment, thoroughly reviews their client's financial history, risk tolerance, and long-term goals, and explains all potential risks associated with the investment.

  Explanation: A reasonable and competent financial professional would conduct this comprehensive assessment and disclosure to ensure the recommendation is suitable for the client and that the client is fully informed. This illustrates due care in a professional capacity, protecting the client's interests.

• Example 3 (Property Maintenance): The owner of an apartment building regularly inspects the common stairwells for loose railings, adequate lighting, and clear pathways, promptly addressing any issues found.

  Explanation: A reasonable property owner, aware of their responsibility to provide a safe environment for tenants and visitors, would routinely check and maintain common areas. This demonstrates due care by taking preventative measures to avoid accidents and injuries on their property.