Standard of Care Flashcards
define the reasonable person
the law commands the defendant to act as would a “reasonably prudent person” in the same or similar circumstances. failure to meet this objective standard constitutes a breach of the duty to use reasonable care
how does insanity affect the courts
the insane are held to the objective standard of the reasonably prudent person [expect where a sudden insanity incident- Breuing is the expectation. . . not typical]
how does physical attributes and physical disabilities play a role in the court?
the physical characteristics of the defendant may also be taken into account; the standard then becomes the behavior of a reasonably prudent person with those attributes. Physical disability people are held to the same standard of a reasonably prudent disabled person.
define the knowledge aspect of reasonable care
a defendant is expected to have the level of knowledge which is common to adults in his community; that level of knowledge is the standard of care to which the defendant is held
what is the child standard of care
for typical childhood activities, children are held to a standard of what is reasonable to expect of children of like age, intelligence, and experience. this is a subjective standard; children are held to the standard of other children at their own risk
what is the rule of 7s?
A child under the age of seven is presumed to be incapable of negligence. a child between the4 ages of seven and fourteen is presumed to be in capable of negligence, but the presumption may be rebutted by showing the child in question possesses the skill, capacity or understanding of the activity involved. and a child over the age of fourteen is presumed to be capable og negligence.
what is the professional standard of care
Professionals are held t the standard required by their profession; they are expected to have the knowledge, training, an skill of an ordinary member of their profession in good standing
