The importance of the duty of care and distinguishing the natural risk factor from the human error

Sometimes the accident can be unpreventable. Whilst waiting for the light to turn green in traffic, another reckless driver can cause a rear-end collision. In a public place, the drafting debris in a hurricane can hit someone and cause major health conditions. In a medical centre, the doctors can contract coronavirus and sustain long-lasting and even permanent airway diseases. These are very uncommon scenarios. The incidents might be unpreventable. But the aftermath can be eased by taking reasonable care. This is the main reason why in numerous industries, the use of certain equipment or performing potentially harmful actions are prohibited. Prior to building a home, you should obtain a building permit after passing numerous inspections. This is because people other than you can suffer the consequences if the building collapses. Throughout the coronavirus pandemic, the medical professionals have been in the highest risk group. According to the statistics, no other occupational group has contracted the disease more than the doctors. The risk can be inherent. But the business’s duty is to provide safety so that the inherent risk factor is to be minimised.

The duty of care and the human error factor

Although the inherent risk factor may be unpreventable, the human error factor can be totally eliminated. By following the compulsory standards, the individuals are to be contributing to public safety. In medical practices, providing services without falling below the standards might have more visible effects. Incorrectly diagnosing the patient’s condition by skipping obligatory procedures such as ignoring to evaluate the patient’s medical history deviates the whole treatment process. In this case, ignoring the standards is the main cause of the harm as the conclusions of a false treatment can be harsh and painful. On the other hand, a reasonable peer wouldn’t disregard the importance of these compulsory procedures. Therefore, the medical attendant at the duty is liable for the victim’s physical conditions for causing the accident whilst the conclusions were obvious.

In a workplace, risks can be inherent depending on the sector that the work is being done. After working for several years in mining, sand-blasting or public service sectors, the worker’s body might negatively respond to the inherently hazardous work conditions. The employer’s duty is to minimise the possibilities by equipping the workers with sufficient, up-to-date and protective equipment. On the other hand, even in the most comfortable business places, employees might be exposed to numerous risks due to the employer’s negligence. In a business plaza, the electrical equipment can be the cause of an accident. Elevators, escalators and much other electric-powered equipment requires regular maintenance. This equipment can fail after serving for some time. Employers are responsible for the structural safety of the establishment as well as interior safety. If an elevator falls whilst in use due to a reason other than the production defects, the employer may be liable for the accident.

The accidents in traffic are the most visible examples of human-related errors

Texting and driving is an obvious risk factor as whilst cruising above certain speeds, the vehicle’s capacity to respond to the driver’s commands decreases significantly. Noticing the stop sign lately has the potential to end up in a collision. As the risk is obvious, the driver’s duty is to hesitate to commit risky activities such as composing a text message, speeding and driving aggressively. Inevitable risks are still present in traffic. These can be defective motor vehicles, being involved in an accident due to another driver’s negligent actions or natural causes. The duty of care also enforces the driver’s to take sufficient care to minimise the impact of the accident that occurs from inevitable causes. By respecting the following distance, you may avoid a collision if the vehicle in front of you hits another vehicle. Or if the loaded cargo of a truck frees for any reason, you may have time to take action to avoid hitting.

Article by:

Arda Seyman

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