Reasonable care is the standard used to assess liability in law, based on what a rational and prudent “reasonable person” would do in comparable circumstances. Professionals are held to a higher standard of care based on their qualifications. Common sense and caution can help avoid negligence.
Reasonable care is the level of care that a normal, reasonable person would use in comparable circumstances. In law, it is used as a standard for assessing liability. If someone can be shown to have had a duty of care and failed to exercise reasonable care, that person may be held negligent and may be liable for damages. On the other hand, if someone showed reasonable care and still something happened, that person would not be considered negligent.
This standard is based on a mythical figure: the “reasonable person”. This figure is an ordinary person, rational and prudent, and therefore presumed capable of exercising common sense and making decisions based on rationality. Conversely, someone such as a child or a person with intellectual disabilities would not be considered a reasonable person, based on the rationale that such individuals are not “ordinary” and therefore cannot be expected to be prudent or rational.
In a simple example of a situation where reasonable care might be assessed, if a driver takes another driver to court because of a reversing accident, the court would rule on whether the driver who backed up acted with reasonable care. For example, if the driver in front indicated that the brakes were applied gradually, giving the driver behind many warnings, the court could rule that the second driver was indeed negligent, by not activating the brakes in time to prevent the crash. .
The reasonable standard of care becomes more complicated for professionals because professionals are not considered ordinary individuals as they provide services on the basis of additional qualifications. Professional malpractice involves neglecting the standard of care expected in the profession, rather than exhibited by an ordinary person. A doctor’s duty of care, for example, depends on the professional training that the doctor should have applied to the case. If it can be shown that a doctor has not acted in a manner consistent with other medical professionals, it may be considered malpractice and the doctor could be held liable for any injuries sustained as a result.
As a general rule, people can avoid situations in which they may be negligent by exercising common sense and caution, and by taking steps to prevent injury and accidents. People who are unsure of the duty of care in a given situation can seek legal advice, if the situation is one that allows time for consultation.
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