What does the concept of duty refer to in negligence cases?

The concept of duty in negligence cases refers to the legal responsibility that an individual or entity has to act in a certain way, conforming to a standard of care that is expected in the given situation. This standard of care is typically determined by what a reasonably prudent person would do under similar circumstances. Duty establishes a foundational element in a negligence claim; without a recognized duty, there can be no breach and therefore no liability.

In a negligence context, it is essential that the individual or entity being accused of negligence had a duty to the injured party. For example, a coach has a duty to ensure the safety of their athletes, and if they fail to uphold this duty, they may be found negligent if injury results. Understanding this concept helps clarify how legal responsibilities are assigned and evaluated in court cases involving negligence, as the assessment of whether duty exists is crucial in determining whether an act of negligence has occurred.