Negligence: Standard of Care

Question 1

Standard of Care

Answer 1

Reasonable person acting under similar circumstances.

Physical characteristics will be taken into account.

Question 2

Standards of Care for Certain Classes

Answer 2

Professionals, Specialists, Children, Owners/Occupiers of Land, Common Carriers, Innkeepers, Statutory Standard of Care.

Question 3

Standards of Care for Professionals/Specialists

Answer 3

Professionals will be held to the standard of care of a similar professional acting in a similar community.

Specialists will be held to a national standard of care standard.

Question 4

Standard of Care for Children

Answer 4

Children’s standard of care will be that of a reasonable child with similar age, experience, education acting under similar circumstances.

Generally children under 4 owe no standard of care.

EXCEPTION: children operating an inherently adult activity may be required to conform to an “adult” standard of care.

Question 5

Standards of Care for Common Carriers/Innkeepers

Answer 5

Common Carriers and Innkeepers have a very high standard of care and slightest negligence will result in a breach.

Plaintiff must be a guest or passenger.

Question 6

Statutory Standard of Care

Answer 6

May substitute common law standard of care if: statute provides criminal liability, statute clearly defines standard of conduct, plaintiff is within protected class AND statute was designed to prevent type of harm suffered by plaintiff.

EXCEPTIONS: statutory compliance would have been more dangerous than violation OR compliance would have been impossible under the circumstances.