Attorney at Law
FOR LAWYERS

No-Duty Doctrine

By
Daisy Rogozinsky
/
May 4, 2022

In personal injury cases, the no-duty doctrine may play a role in whether or not the defendant will be able to be held legally responsible for their actions. In this article, we’ll define the no-duty doctrine and explain its importance.

Key Takeaways

  • The no-duty doctrine states that a defendant is not legally responsible for an injury if they did not owe a duty to the plaintiff
  • There are certain specific duties that we do and do not have according to the law
  • The duty of care is a legal responsibility all individuals have to act in a way so as to not cause harm to others
  • In personal injury cases, the defendant does not owe a legal duty to a plaintiff who voluntarily exposed themselves to danger 

What Is the No-Duty Doctrine?

The no-duty doctrine is a principle in law that a defendant cannot be held legally responsible for an injury if they did not owe a duty to the plaintiff. In this context, duty refers to an obligation that a person has to others to act according to the law. More specifically, it can refer to the duty of care, which is a legal obligation that all individuals have to take reasonable action in order to not cause harm to other people or their property.  

In order to prove that a party has been negligent, or behaved in an unreasonable way that caused you injury, so that they may be held legally responsible for compensating for your losses, you must prove that they had a duty of care. This is the first of the four fundamental elements of negligence. According to the no-duty doctrine, if there is no duty, there can be no legal consequences.

For example, a person has no legal duty to rescue another person in peril or to control the actions of another person. However, there are some exceptions to these rules that are considered to be situations in which a person does legally owe a duty to another.

Some examples of these include:

  • The duty to rescue somebody whose peril you caused
  • A parent’s duty to control their child’s actions
  • A jailer’s duty to protect inmates
  • An innkeeper’s duty to protect guests

The No-Duty Doctrine in Personal Injury Law

In a personal injury insurance claim or lawsuit, the burden of proof is on the plaintiff to prove that the defendant was negligent. In order to do so, they must show evidence that proves that the defendant owed the plaintiff a duty of care. Generally speaking, there is a general duty of care to avoid acting in a way that causes harm to others.

However, there is a viable defense for negligence cases that is based on the idea that a defendant does not owe a duty of care to a plaintiff who voluntarily assumed a risk upon themselves. If the plaintiff had knowledge of the risk involved in an activity and voluntarily accepted that risk through express agreement or their actions, they may not have a personal injury case to make. 

For example, if you attend a baseball game and are hit in the head by a stray ball and file a personal injury lawsuit against the owners of the baseball field, they may argue that you chose to willingly take the risk of being hit by baseballs and, as such, they did not owe you any duty to help you avoid this outcome.

As you can see, the no-duty doctrine can play a big role in personal injury cases. If you are the plaintiff or defendant in a personal injury suit, it is important to work with an experienced lawyer who will be able to understand how the no-duty doctrine might play a role in your case.

Ask a Lawyer

Ask your own question and get advice from expert attorneys
Ask Question
Connect with a top 
Personal Injury attorney now!
Submit your inquiry, and we will try to connect you with an attorney who may be able to assist.
Get Started Now

Featured Personal Injury Lawyers

Zervos & Calta, PLLC

google-logo
27 years in practice
Animal Bites, Auto Accidents, Bicycle Accidents, Birth Injury, Brain Injury
View Profile

Law Office Of Joseph Onwuteaka, P.C.

google-logo
39 years in practice
Animal Bites, Auto Accidents, Personal Injury, Premises Liability
View Profile

Hall & Lampros, LLP

google-logo
27 years in practice
Animal Bites, Auto Accidents, Bicycle Accidents, Brain Injury, Motor Vehicle Insurance
View Profile

Zervos & Calta, PLLC

google-logo
27 years in practice
Animal Bites, Auto Accidents, Bicycle Accidents, Birth Injury, Brain Injury
View Profile

Law Office Of Joseph Onwuteaka, P.C.

google-logo
39 years in practice
Animal Bites, Auto Accidents, Personal Injury, Premises Liability
View Profile

Hall & Lampros, LLP

google-logo
27 years in practice
Animal Bites, Auto Accidents, Bicycle Accidents, Brain Injury, Motor Vehicle Insurance
View Profile

Contact AttorneyAtLaw.com

Are you looking for an attorney? Do you have questions about a legal case you are facing? Contact us now and we will put you in touch with a lawyer for free.

Related Posts

Medicaid
Daisy RogozinskyJanuary 1, 2023
Endangerment
Daisy RogozinskyMay 2, 2022
Attorney At Law is changing how clients connect with lawyers. By providing an innovative platform to lawyers who want to expand their practice’s reach, AAL is bringing law practices into the future.
6142 Innovation Way
Carlsbad, California 92009
© 2025 Attorney at Law | All rights reserved
Some of the content of this website may be considered attorney advertising under the rules of certain jurisdictions. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.
crossmenuchevron-upchevron-down linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram