Duhaime's Law Dictionary


Due Care Definition:

The degree of care which a person of ordinary prudence would exercise under the same or similar circumstances.

Related Terms: Negligence, Reasonable Man, Duty of Care

In the Court of Appeals of Texas sitting in Fort Worth, in a case cited as Dukes v Philip Johnson, Justice Bob McCoy adopted these words:

"[O]ne who voluntarily undertakes an affirmative course of action for the benefit of another has a duty to exercise reasonable care that the other's person or property will not be injured thereby

"If one undertakes to make the premises safe for others, he or she owes a duty to use due care to make the premises safe

"Due care is that degree of care which a person of ordinary prudence would exercise under the same or similar circumstances. One who undertakes, gratuitously or for consideration, to render services to another which he should recognize as necessary for the protection of the other's person or things, is subject to liability to the other for physical harm resulting from his failure to exercise reasonable care to perform his undertaking, if (a) his failure to exercise such care increases the risk of such harm, or (b) the harm is suffered because of the other's reliance upon the undertaking."

REFERENCES:

  • Dukes v. Philip Johnson and Alan Ritchie Architects, 252 SW 3d 586 (2008)

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