Dignity of Risk Versus Duty of Care - 4.5.0 People who love, care and support people with disabilities should acknowledge a duty of care to the person with a disability that they are supporting. A duty of care is breached if a person behaves unreasonably or fails to act. A duty of care can be breached either by action or inaction.. Usually city government has a duty of care to repair and maintain the sidewalk. In tort law, a duty of care is a legal obligation that is imposed on an individual, requiring adherence to a standard of reasonable care to avoid careless acts that could foreseeably harm others, and lead to claim in negligence. It is the first element that must be established to proceed with an action in negligence.

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In conclusion, duty of care in disability is a legal obligation that requires individuals and organizations to take reasonable steps to prevent harm to people with disabilities. However, fulfilling the duty of care goes beyond legal requirements. It requires empathy and a deep understanding of the challenges that people with disabilities face.. Dignity of risk. Dignity of risk refers to the legal right of every person, including those with a disability, to make choices and take risks in order to learn, grow and have better quality of life. Inherent to the idea of dignity of risk, is the idea that life experiences come with an element of risk, which even the best planning and support.