British Columbia, the "duty of care" is ...
Posted: Mon Nov 24, 2025 1:27 pm
In British Columbia, the "duty of care" is a legal obligation to take reasonable care to avoid causing foreseeable harm to others. To prove negligence, a plaintiff must show that a defendant owed them a duty of care, breached that duty, and that the breach directly caused the plaintiff's damages. The duty applies to various relationships, such as businesses towards customers or municipalities towards residents.
What a duty of care entails
Legal obligation: It's a legal requirement to act with the care a "reasonable person" would under similar circumstances to prevent harm.
Avoids foreseeable harm: The standard is to prevent harm that is reasonably foreseeable, not all possible harm.
Breach of duty: A breach occurs when someone fails to meet the standard of care, either by acting or failing to act in a certain way.
Causation and damages: The breach must have directly caused the plaintiff's injury or loss, which must be a compensable harm.
Examples of duty of care in BC
Businesses: A business has a duty to maintain safe premises for customers and employees by inspecting and repairing hazards, and warning of dangers.
Municipalities: A municipality has a duty of care to residents, for example, in keeping its streets clear of hazards, though "core policy decisions" may have immunity (as seen in the case of the snowbank in Nelson).
Employers: Employers have a duty to provide a safe workplace and must have procedures for risk assessment, safety equipment, and emergency situations.
Medical professionals: Medical negligence cases frequently involve a breach of the duty of care, such as through misdiagnosis, medication errors, or improper treatment.
What a duty of care entails
Legal obligation: It's a legal requirement to act with the care a "reasonable person" would under similar circumstances to prevent harm.
Avoids foreseeable harm: The standard is to prevent harm that is reasonably foreseeable, not all possible harm.
Breach of duty: A breach occurs when someone fails to meet the standard of care, either by acting or failing to act in a certain way.
Causation and damages: The breach must have directly caused the plaintiff's injury or loss, which must be a compensable harm.
Examples of duty of care in BC
Businesses: A business has a duty to maintain safe premises for customers and employees by inspecting and repairing hazards, and warning of dangers.
Municipalities: A municipality has a duty of care to residents, for example, in keeping its streets clear of hazards, though "core policy decisions" may have immunity (as seen in the case of the snowbank in Nelson).
Employers: Employers have a duty to provide a safe workplace and must have procedures for risk assessment, safety equipment, and emergency situations.
Medical professionals: Medical negligence cases frequently involve a breach of the duty of care, such as through misdiagnosis, medication errors, or improper treatment.