Special Duty Standards (Neg) Flashcards
Children under the age of 5 are/aren’t capable of being negligent.
Aren’t
What duty of care do children 5 years or younger have?
None
Children 5 years old through children 18 years old are held to what standard?
Similar age, experience, and intelligence acting under similar circumstances
The child’s standard of care is highly ______, as opposed to the standard of care for ordinary adults.
Subjective
Two young kids outside playing. Child 1, Billy, 6, rides trike to the corner and back, corner and back. Child 2, Susie, 6, playing jacks.
Billy rides over Susie’s hand and breaks her hand. What standard of care for Billy?
Hypothetical 6 year old who has Billy’s experience riding the trike. Thus, Billy’s experience matters.
Billy’ intelligence also matters.
What is the primary exception to the child’s standard of care?
When a child is engaging in an adult activity, we revert back to the reasonably prudent person approach
Under the “Adult Activity” Exception to the child’s standard of care, what does “adult activity” usually mean?
Using a vehicle.
What is the standard of care for professionals?
A professional is held to the care of the average member of that same profession performing similar services.
Why is the “professional standard of care” a special standard? After all, a professional is held to the care of the average member of that same profession performing similar services, just as an ordinary individual is held to the reasonably prudent person standard.
In professional negligence case, we compare the defendant to REAL-WORLD colleagues.
In ordinary negligence cases, we imagine what a reasonably prudent person would do.
The professional standard of care is an ________ standard.
Empirical.
The standard of care in professional malpractice cases is the obligation to be a _________.
Conformist.
In professional malpractice, the _____ of the profession sets the standard of care.
Custom
NEVER EVER say that a doctor must as a . . . .
Reasonable, ordinary doctor.
In the majority of states, the standard of care is based on the national/local standard.
National.
