What is duty of care?

Duty of Care can be simply described a legal responsibility by persons or corporations toward others or other corporations. Some moral obligations also apply.

Duty of Care applies to a range of situations and most people and corporations are aware of their Duty of Care responsibilities in regard to the Occupational Health & Safety (OHS) legislation applicable to each Australian state and territory.

If the actions of a person or corporation are not conducted with care, attention, caution and prudence, their actions are considered negligent. All stakeholders involved in the motor vehicle collision repair process have a Duty of Care responsibility to their clients.

The problem on current investigations is, nine (9) in ten (10) collision repaired motor vehicles failed structural integrity inspections which suggest stakeholders have little or no regard toward upholding their legal or moral corporate responsibilities.

It is unconscionable negligence at its worst particularly when stakeholders take this unacceptable course simply because no one has been monitoring them over the past few decades. It would be interesting to ascertain the extent of the carnage which has been inflicted as a result of their actions, it would appear to be substantial.

However with the introduction of the IVIC ‘Structural Tolerance Report’ and the involved assistance of corporate and private drivers, this situation is now likely to change. As motor vehicle owners and drivers become more aware and informed of the culpable deficiencies which exist in the smash repair process, more collision repaired vehicles will be inspected to determine their true structural and crashworthy integrity.

Stakeholders will subsequently be forced to uphold their Duty of Care responsibilities and to ensure all collision repairs in the future will be conducted on manufacturer approved smash repair equipment, in accordance with the manufacturers recommended specifications and with genuine OEM replacement parts fitted.

Whilst this will be a win situation for all vehicle owners who might unfortunately be involved in future motor vehicle collision, it will also help address the other monumental problem which is, do we repair or remove the thousands of defective vehicles from our roads which were repaired over the past twenty years?