What Is 'Standard Of Care' Under Tort Law?

5000 views • Jul 25, 2017

Standard of care is the standard of care for which a reasonably prudent person in any given fact pattern would abide by. The standard of care for a physician operating on someone would be greater than the standard of care for a non-physician operating on someone, in an emergency for example. So if the physician was to do something for which he was sued for medical malpractice, he would be judged by standard of care that was an objective standard in his field. A common driver of a car who is not a race car driver would be held to the standard of care for which a regular ordinary person on a road would be held to, to drive safely. Usually those duties would mirror the duties in a California vehicle code for example. The standard of care for a race car driver who's out driving on a freeway may be higher if he was sued for negligence for causing an accident because he knew or should have known how to avoid the accident better than an average person.