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Claiming Compensation for a failure in Duty of Care

By Ian Morris | Updated June 22nd, 2023

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When it comes to compensation claims, these three short words are hugely important. We’ll look in more detail at what the phrase means, and why it’s so significant, but let’s start with a short, clear definition.

In law, Duty of Care describes the obligation of a business, or goods provider, to keep their employees and consumers safe from harm. It is not something that can be opted out of.

If this Duty of Care is breached, it can be legally be considered negligence.

If you suffer an injury or illness as a result, the business or provider can be found liable and you may be entitled to claim compensation.

When does Duty of Care apply to a compensation case?
Duty of Care at work
When receiving medical treatment
Duty of Care in a shop
When using a product
In a café, restaurant, hotel or other hospitality business
At a school or university
As a road-user or pedestrian
On public transport
How much compensation could I be due?
What if I can’t prove that a third party was at fault?
Let us help
Your questions answered

When does Duty of Care apply to a compensation case?

If you’ve been harmed, and you believe someone else’s negligence is the reason why, two key things need to be proved.

The other party owed you a Duty of Care.
The other party failed to take reasonable steps to fulfil that duty, resulting in you being physically or psychologically harmed.

This outcome, of course, can apply to a vast range of different settings and incidents. At Direct2Compensation we deal with a large number of valid compensation cases. Here are some of the most common scenarios we handle.

Duty of Care at work

All employers have a Duty of Care to their employees to avoid injuries at work. By law, they should deal with injured staff correctly and take all reasonable steps to keep you from harm’s way in the first place.

This means they should be undertaking things such as staff inductions, effective training, regular risk assessments, and the provision of the correct PPE and a secure environment which is free from avoidable dangers.

The wider implications of Duty of Care, however, often differ from job to job:

On a construction site, it might include providing appropriate tools and safety equipment, as well as minimising any potential hazards, or contact with dangerous chemicals.
In an office, it might include ensuring that all desks and chairs are ergonomically sound, and that relevant health and safety protocols are in place.
In a restaurant kitchen, it might include making sure that working conditions are safe and hygienic, and that working practices do not put staff at risk.
On a factory floor, it might include precautions and training around machinery, as well as giving employees sufficient work-breaks.

It’s worth being aware that there’s a difference between an employer’s statutory duties (reasonable steps which should be followed to avoid injuries and accidents) and their absolute duties (non-negotiable absolutes which have to be in place, such as keeping work equipment in safe working order) – although Duty of Care covers both.

No matter what your line of work, or where your job takes you, we’re always able to offer advice on whether you might have a valid work accident compensation claim. Please feel free to get in touch.

When receiving medical treatment

Doctors, nurses and medical professionals – including those in the NHS, as well as private practitioners – all have a clear remit to make sure you’re given the highest standard of care. If you suffer because these standards haven’t been met, perhaps through a misdiagnosis, through harmful advice, or through an avoidable delay in treatment, you may have a case for a medical negligence claim.

Duty of Care in a shop

Supermarkets and other retail outlets have an obligation to keep their premises safe for customers. Among other things, this includes removing unsafe aisle obstructions, clearing up any liquid spills as soon as possible, using hazard signs when necessary, and ensuring carpets are free of rips and tears that could cause a trip or fall. If you’ve suffered an accident in a supermarket or slipped on a shop floor due to the mistakes or negligence of the traders, you may have a valid claim for compensation.

When using a product

Any product that you buy should be safe for use, and be clearly labelled with warnings of any associated dangers. Manufacturers have an obligation to carry out relevant safety tests on the products they sell. If manufacturers fall short in this Duty of Care, and you come to harm as the result of a faulty or hazardous product, you may have a case for negligence.

In a café, restaurant, hotel or other hospitality business

All hospitality businesses have a Duty of Care to their customers. This covers everything from food hygiene and cleaning procedures to trip and slip hazards.

If the negligent actions of a hospitality business have caused you to be injured or to become unwell, we can offer advice on whether you have a legal right to compensation.

At a school or university

Places of learning are obliged to take all reasonable steps to keep their students and staff safe from harm. This might cover anything from serious bullying and personal safety to fire precautions and First Aid provision. Should you have been unfortunate enough to have come to harm in a place of learning, as a result of the school or university’s negligence, we can help you establish whether you have a claim.

As a road-user or pedestrian

All road-users have a Duty of Care to their fellow road-users. This applies to drivers, cyclists, horse-riders and even pedestrians. If an individual is deemed to have caused an accident through unsafe driving or unsafe behaviour, they could be judged to have failed in their Duty of Care to you and face a road traffic accident claim. This might also apply to a local authority which has neglected to keep roads or pathways in a satisfactory condition.

On public transport

If you’re injured on a train, bus, tram or ferry, and the cause can be attributed to the actions of the transport provider, you may have a claim for compensation. This could relate to negligent driving, dangerous on-board conditions, or even a mechanical malfunction.

No matter what the scenario you find yourself in, and whether it’s listed above or not, we’re always happy to talk things through. If we feel you have a case for a claim, we’ll work to secure you the level of compensation you’re entitled to.

How much compensation could I be due?

This would depend on a number of different factors, including the nature of the accident and the long-term impact of the injury or illness. In the first instance, we would advise you to get in touch to discuss your situation. We operate on a no-win, no-fee basis, and have many years of experience in compensation claims.

What if I can’t prove that a third party was at fault?

If a harmful incident was caused by something other than a third party’s negligence, it can sometimes be possible to claim compensation through other means. We’ll always give you fair and truthful advice as to whether you’re likely to have a claim.

Let us help

Might you be in a position to make a negligence claim for Duty of Care? You’re in safe hands with Direct2Compensation. Our advice is always honest, our claims process is transparent and effective, and you’ll have the peace of mind that comes with our no-win, no-fee approach.

To find out more, or to start your claim today, call us on 01225 430285. If you prefer, . After just a few minutes on the phone, we’ll have enough information to allow our solicitors to get your claim started.

52 questions have been answered on this subject - ask us your question

Comments & Questions

Read on for questions and advice about claiming...

I had an incident at work that caused me to get a broken bone – it was not of my own doing. There was no duty of care and we were short staffed. I have had 2 surgeries and my third is coming up. Full hip replacement. I have been off full time hours for 15 months but all up have only not been at work for 3 & 1/2 of those months. I’m seated or light duties. I am being paid still. Am I entitled to go for a claim?

Whether or not an employer pays you during a period of absence from work after being injured in an accident at work does not impact in anyway on your right to make a claim for compensation. Given that you are of the view that your accident at work was caused by the negligence of your employer, you have every right to make a claim for the hip injuries you suffered.

Whilst leaving the private livery yard where I keep my horses and going to my car In their car park, slipped and fell on the ice breaking my ankle. I had already gritted the ramp which leads to the muck heap as it was icy. The car park by the afternoon was like sheet ice and although I was taking care had this heavy fall witnessed by four people. I’m off work and having to pay now for daily care for my horses and dog. It’s my understanding they should have had a duty of care to their clients to make sure the car parking area was safe. I informed the yard manger but I don’t believe this information was passed onto the owners. Is there liability ?

Claims for compensation after injuries sustained when slipping on ice can succeed, but as you can imagine, with ice being a natural weather issue and presenting an inherent slip risk, it is not always the case that one can pursue a claim successfully in such circumstances.

However, given your injury and the scenario you describe, it would be sensible to further investigate whether or not we can hold the livery business liable in this matter. It would be wise to ensure that the report you made to the yard manager is put in writing and presented to the owners of the business. Once this is done, please use the ‘start a claim’ page of our website to make further contact in order that we can look into your claim for personal injury compensation.

Hello on dec 25th dec my wife fell on a wet floor in Sainsburys. The wet floor sign was up but the floor was unduly wet from cleaning even the tho store had over 90 mins of opening time.
It was all logged at the time. I did contact legal aid who say since the floor sign was up i cannot get compensation. Is this true? I don’t think Sainsburys duty of care was upheld that time and the floor was dried up with a machine just after the accident ( i have a video) so why was it left in that state. Any help is appreciated.

The provision of or placement of a hazard warning sign is just that – a warning of a possible hazard. Erecting a hazard sign does not in and of itself absolve the proposed defendant of liability should someone then slip. Whilst the defendants may have met the required duty of care by erecting the hazard warning sign, it would be sensible for us to have the matter reviewed for your wife. If it can be shown that the provided sign was an inadequate warning given the condition of the floor, the claim may be able to proceed.

To this end, we suggest that you email the video clip you mentioned to us at: justice@direct2compensation.co.uk in order that we can seek further opinions from our specialist Solicitors and investigate whether or not we can take this further for you.

I suffered a whiplash injury while in a company van in company hours (van was stationary, hit head on my a car, all caught on dash cam, not my fault), have been unable to work now for nearly a year. This part is being dealt with by insurance company and solicitor, I had no income apart from ssp, company have no help from my employer.
Should they be helping me get back to work? Also I’m struggling to pay bills and mortgage.
Under duty of care should they be helping in any way?

The employer has no obligation to resolve your financial situation, but they should be helping with a return to work – if it is possible for you to do so. This would mean that the employer should work with you to provide a gradual return to work – initially on low hours and probably on light duties in order that you can return to work eventually.

The other issue you can look in to is getting your Solicitor to obtain an interim payment from the defendant insurers ahead of any final settlement.

Whilst on a weekend break (21/9 – 24/9/18) at a well known caravan park company, it was raining quite heavily and there was a leaking gutter directly over the door and set of metal steps. The result being a puddle on the R H side of the steps. When I went out my right foot made contact with the puddle on thr top step, slipped off, and I slid down all 3 steps on my back landing in a heap on the ground below.
I sustained a bruised back and muscular bruising to my right shoulder and just above my right buttock. Quite intense pain incurred.
Do they have a “duty of care” in this instance and could I make a claim against them? I have kept a log of the accident/times etc. I have heard nothing from them even though I saw their First Aider on site who filled in an accident form just after the accident

The caravan park company most certainly do have a duty of care and there is a strong argument to be made that they have breached it in this case and that their negligence (in not repairing the leaking guttering prior to placing you in the caravan in question) directly lead to your injury. As such, I would recommend that you do pursue a claim against this company for your injuries, the cost of the weekend break and any associated losses.

I had an accident at work when I bent down to pick some rubbish up from the floor near to a machine. As I got back up, I hit my head on a sharp corner of the machine which cut my head. I was bleeding quite heavily. There were first aiders on site which did help me. I then had to make arrangements to get to the hospital myself which I thought the company would have a duty of care to help me with? Now on the accident form it says that if I had done better house keeping in the warehouse it would have been prevented! Also they did say they would put sponge around the Sharpe edges of the machine.

My initial view is that you have a good case for a claim against your employer here and that their comment on the accident book about good housekeeping is erroneous and irrelevant. The cause of your injury was the unprotected sharp corner of the machine and not housekeeping. If the corner of the machine had a guard or padding on it, you would not have sustained the injury.

If you would like to make a claim for compensation we would be happy to help you with that.

Hi, Im just after a little bit of advice. I work as a contractor in the mines, i recently squashed my finger on site. It immediately swelled to almost twice the size and turned purple straight away. I attended first aid where i was given an ice pack and went through the process of reporting the incident. Was back on the job an hour later. The next day when i returned to site and informed them that i intended to see a doctor for a second opinion i was made to feel guilty about hurting myself and on at least 4 different occasions indirectly persuaded not to attend the doctor. I returned home the next day and sure enough my finger was broken.
My question is, should they have taken me to hospital themselves straight away? Is it their duty of care?
Thank for your help.

I am sorry to hear about your accident at work. Under UK health and safety law, an employer must not prevent an injured person from seeking professional qualified medical help when it is needed. In your case, it would seem odd that the employer wouldn’t advise you to seek immediate medical treatment. Indeed, their desire to have you working whilst injured may well have placed you at risk of further injury as well as also creating a risk to your colleagues. As you are probably aware, working in a manual job such as yours where heavy tools are used, to use them you need to be fit and well and if you are injured, you may not be able to work safely. In your case, your finger injury would have undoubtedly affected your grip strength and dexterity, so allowing you to work in that condition was a risk to you and your colleagues.