What is the definition of “breach of care”?
In tort, there can be no liability in negligence unless the claimant establishes both that he or she was owed a duty of care by the defendant, and that there has been a breach of that duty. The defendant is in breach of duty towards the claimant if his conduct has fallen short of the standard that he was expected to meet in the circumstances. In order not to breach a duty of care, a defendant must generally meet the standard of a ‘reasonable man’ as Baron Alderson stated in Blyth v Birmingham Waterworks (1856) 11 Exch 781.[1] A reasonable person can be defined as ‘the man on the Clapham omnibus’ as Greer LJ explains in Hall v. Brooklands Auto-Racing Club (1933) 1 KB 205. Lord Steyn describes the term as ‘commuters on the London Underground’ (McFarlane v. Tayside Health Board (1999) 3 WLR). This is an objective standard, based on an average person. It does not require perfection, but takes into account that an average person does not foresee every risk.
Breach of Care – Professional Negligence which occurs when the care provided by a doctor, surgeon, or other health care provider falls below the accepted standard of care within their field of practice. Breach of Duty of Care – An action or negligence that results in a foreseeable injury that would not have happened but for the defendants actions. The act brings about causation and damages, therefore a liability of negligence/malpractice.
