How is the duty of care assessed in negligence claims?

The assessment of the duty of care in negligence claims revolves around the concept of reasonable foreseeability and proximity. Reasonable foreseeability refers to the ability to anticipate the potential consequences of one's actions or omissions. This means that a person is required to act in a way that considers the possible outcomes that could reasonably be expected to affect others.

Proximity relates to the closeness or directness of the relationship between the parties involved. This includes factors like how the actions of one person directly affect another, establishing a legal duty to take care to avoid causing harm. For instance, a driver has a duty of care towards pedestrians and other drivers by taking reasonable steps to ensure safety on the road.

This combination of reasonable foreseeability and proximity is essential because it helps to establish whether a defendant owed a duty to the claimant and whether that duty was breached, leading to negligence. The focus is not on the intent of the parties or the number of witnesses, nor is it based solely on the extent of damage caused; rather, it's about whether the harm was foreseeable and if a reasonable relationship existed that would require the exercise of care.