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Glossary / Every claim

Breach of duty

All statesEvery claim

A failure to meet the standard of care the duty required. Breach is judged against what a reasonable person would have done.

A person breaches their duty of care when a risk of harm was foreseeable and not insignificant, and a reasonable person in their position would have taken precautions against it. Whether a precaution was reasonable depends on the probability and seriousness of the harm and the burden of avoiding it.