What Duty of Care Do You Owe Your Customers?

Table of Contents

Share at:

A fundamental premise within the law is the obligation not to cause harm to other members of society. Therefore in business, you have an obligation not to harm your customers, known as a duty of care. By understanding it, you can be better equipped to understand your responsibilities to customers.

What is Duty of Care?

A duty of care refers to a legal duty not to cause harm that is foreseeable. Importantly, a duty of care arises because you have in some way contributed to the risk that causes the harm experienced by the other person. Also you must have the obligation to exercise a duty of care for the specific individual.

When is Duty of Care Important?

Duty of care is important because it guides the way you interact with others. The main time you will hear about it is when an individual alleges that the duty has been breached. It is breached when the following criteria are met:

  • A person experiences harm because of the action (or occasionally inaction) by another person.
  • It was known that the harm encountered would be caused by that individual’s action (or inaction).
  • The risk that injury occurring was not minimal and not insignificant
  • The action (or inaction) is unreasonable in the circumstances.

Do I Have a Duty of Care Towards My Customers?

As a provider of a good or service, generally you will have a duty of care to your customers. There will be other legal obligations to your customers depending on your industry. Furthermore, if you own or are the occupier of property, you will also have a duty towards individuals on your property. For example, you may be liable to customers who fall in your store, which occurred in Strong v Woolworths Limited. The nature and scope of the duty of care is based on the above mentioned criteria. If you are unsure what duties you owe a customer, get into contact with a lawyer to understand your obligations.

Type of Harm Covered?

It is not just physical harm that you have to keep in mind regarding duty of care. You may have an obligation to prevent your customers from suffering psychological or economic harm.

What Happens if I Breach My Duty of Care?

If you breach your duty towards a customer, your business will be liable for the harm suffered. Therefore, you will have to pay the customer’s damages, such as medical expenses and the loss of their earnings. Furthermore, having public liability insurance can help cover your costs if you breach your duty of care.

Can I Exclude a Duty of Care?

You may be able to exclude your liability for a breach of duty of care through a contract with your customer. You can also exclude the amount of damages you can pay through a breach of a duty you owe to your customer. Keep in mind, that even with a contract, you often will not be able to exclude a duty of care entirely because of public policy reasons. Fundamentally, courts do not want businesses to be able to not compensate individuals for harms that they have caused.

Unsure where to start? Contact a LawPath consultant on 1800 529 728 to learn more about customising legal documents and obtaining a fixed-fee quote from Australia’s largest legal marketplace.

Find the perfect lawyer to help your business today!

Get a fixed-fee quote from Australia's largest lawyer marketplace.

Share at:

Simplify creating legal documents today

Browse through Lawpath's AI tools which can be used to draft, review and refine legal documents today!

Related Articles

Your Guide to Launching an App (2026 Update)

Have you ever thought about launching an App? Find out the legal, marketing and development processes you need to follow here.

Key Differences Between a Deed and a Contract

Deeds and contracts are both legally binding documents, but they are not the same. Find out how they're different in this article.

How to Start Your Own Bookstore

Eager to open your own bookstore but not sure where to start? Here we've set out some steps on how to start your very own bookstore.

How to Start a Tattoo Parlour Business

Tattoos are becoming an increasingly popular form of self-expression. Find out how to start a tattoo parlour business here.

How to Start a Personal Training (PT) Business

Are you looking to start a personal training business? Read this article to see a step by step guide on what you need to do before getting your first client.
Exclusivity Clauses

Sham Contracting in Australia: How to Spot It and Protect Yourself (2026)

Sham contracts are a way that employers deny their workers the rights and obligations they're owed. In this article, we break down how you can avoid these.