Standard Of Care

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What is Standard Of Care?

A reasonable person’s standard of care is the degree of awareness and caution they must use to avoid causing harm to others in a given situation. A breach of this standard of care, often known as negligence, occurs when an individual does not exercise due care in their interactions with other individuals.

In certain situations, the law imposes a “duty of care” or the obligation to act cautiously on an individual to ensure the safety of others. The level of responsibility may increase or decrease as needed. This is known as the “standard of care.”

When someone is found to have been negligent and failed to satisfy a standard of care, the victim can file a lawsuit to get compensation for their injuries and other losses.

Negligence is evaluated on a case-by-case basis due to the subjective nature of the standard of care. This is why we have personal injury cases and lawsuits. The standard of care applied in a personal injury accident, like car accidents, will be determined by established rules and regulations, such as road laws. This is different in situations involving medical professionals, like in medical malpractice cases.

In What Ways Can a Person Fail to Meet a Standard of Care?

The standard of care changes based on the situation and how an injury or accident occurred. Someone is negligent in the context of personal injury law if they did something to cause harm to another person or failed to take reasonable precautions to prevent harm. If the defendant’s carelessness caused the victim’s injuries, the defendant must pay for the victim’s losses.

Some instances in which a standard of care was not reached and the victim may demand monetary compensation include:

Medical Malpractice

A healthcare provider has breached their duty of care and may be held accountable for harm to patients if their treatment falls below an established minimum standard of care. Due to the gravity of their responsibility, healthcare providers and specialists are held to a far higher standard than the general public.

Car Accidents

All drivers in Georgia are responsible for using caution around others, including pedestrians, cyclists, and motorcyclists. The driver has a responsibility to other motorists not to do any harm. Not meeting the required standard of care on the road can include things like texting while driving, driving under the influence of alcohol or drugs, or driving without auto insurance. If any of the aforementioned activities causes an accident that results in injuries to other drivers, the motorist will be held legally responsible for any damages.

Dog Bites

Owners must keep their dogs under control, especially if the dog has a history of aggression. Dog owners typically bear legal responsibility for injuries caused by their pets.

Slip and Fall Accidents

Property owners are obligated to take reasonable precautions to ensure the safety of their patrons at all times. For example, if there’s a spill on the floor, it should be cleaned up quickly, or if broken stairs need to be fixed, the building owner should post a warning. 

If someone gets hurt due to an owner’s negligence, they may be able to hold the owner financially accountable.

What Happens if I Was Injured by Someone's Failure to Meet a Standard of Care?

If you were hurt because someone else was negligent, you might be able to get compensation to cover your medical bills and other losses. To be safe, you need a personal injury attorney to help with your claim. The amount you can recover with a lawyer is often much higher than you would without. 

Contact the Personal Injury Lawyers at The Brown Firm

If you have been injured, the experienced personal injury attorneys at The Brown Firm offer free consultations to accident victims in Georgia and South Carolina. Call 800-529-1441 to speak with our personal injury team today!

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