Personal Injury Law: Standard of Care

In personal injury law cases, there is a standard of care against which the conduct of the defendant is measured.  In a negligence action, the case will typically utilize a "reasonable person" standard of care by which to judge the defendant's actions.

The Reasonable Person Standard of Care

The standard of care is the degree of care in wich a reasonably careful person would use when under the same circumstances. This is typically referred to as a "reasonable person" standard of care.  This standard looks at a ficticious person; it considers what an average person with typical intelligence would do in the same circumstances.  If it is determined in a case that a reasonable person would have acted differently such that the actor's level of care fell below the accepted standard, the actor could then be found liable for the damages caused by his or her actions.   In a personal injury action, a judge or a jury will review the facts and evidence in order to assess whether the parties involved in the case met the accepted standard of care.

Examples of the Use of the Reasonable Person Standard of Care

The following examples demonstrate the use of the reasonable person standard of care:

• A landlord is being sued for failure to fix a hole in the driveway where plaintiff slipped and fell. If a reasonable person would have fixed the hole, the landlord may be liable for the plaintiff's injuries.
• A person is being sued by plaintiff for failure to cut down a tree limb which fell on plaintiff's car, causing damage. If a reasonable person would have fixed the tree by trimming the limb, the person may be liable for the plaintiff's damages.
• A driver is weaving across lanes into oncoming traffic and causes an accident which injures the plaintiff. If a reasonable person would have operated the car more more prudently, the driver may be liable to the plaintiff for damages.

Getting Legal Help

If one has been injured due to another party's negligence and seeks to file a personal injury action, one should consult with an experienced personal injury attorney as soon as possible.  An attorney can not only review one's case in order to ascertain what legal options one may have in the case, but also an attorney can help to preserve one's legal rights.  Moreover, in the event that settlement negotiations occur, an attorney will ensure that a fair and reasonable settlement is obtained.  In addition, a seasoned legal practitioner can help one obtain the compensation one is entitled to receive.