Questions tagged [duty-of-care]

A legal or moral obligation imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably cause harm thus ensuring the safety or well-being of others and their property.

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6 votes
4 answers
2k views

If you know someone is committing infant abuse, do you also commit a crime if you choose not to report it?

What are a person's legal responsibilities if they believe that someone is currently committing infant abuse, but are not certain that they are doing so. For example, they might learn this from ...
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1 vote
1 answer
101 views

Is it illegal for someone with a duty of care to not act on questionable information?

Someone told me about a case where some people got lost in the woods, "the authorities" (not sure who, but let's assume they had a legal duty to rescue the people who got lost) could not ...
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-8 votes
1 answer
147 views

Why is it legal for professors to present out-of-date information as practical and fact, when doctors are expected to give patients the latest cures?

Why is it illegal for doctors to not give the latest cure, keep in touch with the latest cures, find everything for the patient, but professors do not lose a practicing license as a result of teaching ...
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3 votes
1 answer
129 views

laboratory results being withheld until payment received from self pay patient

Is it legal for a Laboratory to withhold results from the ordering provider until a self pay patient pays their bill in full?
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1 vote
2 answers
149 views

When a lawyer is paid by an insurance company and representing an individual to whom do they have a duty to act in best interests of?

As I understand it, with regards to civil claims handled through insurance there are two duties involved: An insurance company has a duty to defend their client, in the US this seems to be inherent ...
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12 votes
2 answers
1k views

Does a duty of care arise from advertised functionality?

Credit card issuer advertises "account alerts" on its website and in other communications, e.g., to "receive a reminder when your payment is due". Customer sets up alerts, and ...
8 votes
2 answers
499 views

Does "duty to rescue" apply to a child that one has no direct responsibility for?

This appeared in a comment on another SE site: If I am sitting by a deep swimming pool and see an unsupervised toddler child playing close to the edge - and then watch the child fall in and drown, ...