Standard of Care Flashcards
Types of Standard of Care
- ORP
- Child standard of care
- Statutory (negligence per se)
- Professionals
∆ with diminished cognitive abilities
Is assessed without such diminishment of abilities
Reasonably Prudent Person under the Same or Similar Circumstances
Objective standard
Breach: failure to act as RPP would act
Children
(majority rule)
minor defendant’s conduct is assessed according to what a reasonable child of the same age, education, intelligence, and experience would have done
Children
(miniorty rule)
Three age levels:
- age 6 and below—defendant is conclusively presumed incapable of being negligent;
- ages 7 to 13—rebuttable presumption that the defendant is not negligent; and
- age 14 and up—rebuttable presumption that the defendant is capable of being negligent.
Children
EXCEPTION
If a child engages in adult activies, or inherently dangerous activies they will be held to an adult standard of care
Statury Standard of care
MAJORITY RULE
Unexcused vioation of a statute establishes that ∆ breached his duty to plaintiff (negligence per se)
When determing whether statute should apply, judge considers
- Is the plaintiff in the class the statute was designed to protect
- Was the statute designed to protect against the type of harm suffered by the plaintiff
When is a defendant’s violation of an applicable statute excused?
If compliance with the statute:
- would have resulted in a harm greater than the harm produced by the violation; OR
- would have been impossible
Professionals
(Medical Malpractice)
- Doctors are required to possess and use
- the knowledge, skill and training
- of other doctors in good standing
- in the relevant geographic community
Professionals
What is the standard?
The customary practice of professionals in good standing
