Standards of care

The standard of care which is owed to a particular individual depends on several factors, such as the circumstances of the particular event or whether a special relationship exists. The standard of care is sometimes a consideration in product liability and defective product cases.

For negligence purposes, the degree of care required, or the steps that would be seen as reasonable, depends upon the danger involved. Courts have found varying standards of care, such as ordinary and reasonable standard of care or a professional standard of care (for professional negligence cases).

The general standard of care to test the question of negligence is the common experience of mankind, and generally implies the want of that care and diligence which an ordinary prudent individual would use to prevent injury under the particular circumstances. To establish negligence liability, the plaintiff must prove that the defendant did something which an ordinarily prudent person exercising ordinary care would not have done under the same circumstances, or that the defendant did not do that which an ordinarily prudent person in the exercise of ordinary care would have done under the circumstances. Ordinary care is defined as that degree of care that would be exercised by a person of ordinary prudence under the same (or similar) circumstances.

Another duty of care is "due regard," which is different that ordinary care. Due regard is a midlevel or intermediate standard imposing a duty less than ordinary care, but greater than a simple lack of recklessness. In such a case, although a person does not have a duty to act, if one voluntarily acts, he must do so with due care and can be held liable for negligence.

Professionals, such as attorneys, architects, accountants, dentists, physicians and engineers must exercise that degree of skill, knowledge and judgment possessed by members of their respective professions. For instance, in the context of engineering services, professional negligence means doing that which an engineer of ordinary prudence in the exercise of ordinary care would have done in the same or similar circumstances (or, in the exercise of ordinary care, would not have done under the same or similar circumstances).

Contact Corpus Christi product liability lawyer Scott Nelson if you have been injured by a defective product and need representation.  Our firm represents personal injury clients in Corpus Christi, Victoria, Galveston, Brownsville, Laredo, and throughout Texas.