Defining the Standard of Care in a Legal Setting
Evan Granowitz’s tort law experience is extensive, and as he and many other lawyers who specialize in the tort law can say, Standard of Care is a term that will be often encountered especially in cases which involve negligence and duties of care. In tort law, the Standard of Care is considered the degree of prudence required in an individual who is placed under the duty of care.
The standard of care is heavily reliant on the circumstances surrounding it. It hinges upon the “trier of fact” whether or not there has been a breach of the standard of care, and this is usually phrased as a “reasonable person.” Evan Granowitz cites that in the Vaughn v. Menlove case of 1937, it “proceed[ed] with such reasonable caution as a prudent man would have exercised under such circumstances.”
There are different types of standard of care. There is the professional standard of care, which is determined by the care exercised by the reasonably prudent manufacturer of any product or professional person in a line of work. There is also a medical standard of care where the medical or psychological treatment guide can be very explicit or very general, specifying appropriate treatment. There is also care for children, persons with disabilities, persons of below average intelligence, and even duties to inform self of responsibilities.
Evan Granowitz’ complete profile can be found at www.wolfgroupla.com.
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