Duty Or Standard Of Care Flashcards
It is presumed that a _______ ________ would take precautions against creating an _________ risk.
If a risk is _________ than it would be unreasonable to expect them to apply precautions against it.
Reasonable person
Unreasonable risk
Unforeseeable
What standard is duty of care held to?
The Reasonable person standard
Circumstances that require the degree of care to change but not the standard of care?
1) Dangerous Conditions: The greater the danger, the greater the care that must be taken.
2) Sudden Emergency: The standard remains a reasonable person under the circumstances.
circumstances that require the degree of care to change because of deficits with the defendants:
1) Physical Limitations
2) Mental Capacity
3) Superior Ability of the Actor
4) Children
Physical Limitation circumstance that causes a change in degree of care:
A person who has a physical disability is required to exercise ordinary care to protect themselves and others.
Ordinary care is such that a reasonable person under the same disability would have exercised under the same or similar circumstances.
Mental Capacity circumstance that causes a change in degree of care and the exceptions.
A person with a mentally disability is generally held to the same standard of care as that of a reasonable person under the same circumstances without regard to the alleged tortfeasors capacity to control or understand the consequences of their actions.
Exception: 1) when there is a sudden onset of the disability 2) When the policy reasons are inapplicable.
Superior Ability of the actor circumstance that causes a change in the degree of care:
If a person has more than the minimum knowledge of a quality that they should have better understanding of the risks, they are required to exercise the superior qualities that he has in a manner reasonable to the circumstances.
Examples: doctors and lawyers who are specially trained.
A child actor circumstance that causes a change in the degree of care required:
E
