What Should You Do After A Car Accident?

Establishing a Standard of Care

In civil litigation cases based on the body of law of negligent torts, one of the most important items that any attorney must tackle is establishing that a duty of care was breached by the defendant with regards to the plaintiff. This may seem easy, but there are numerous questions pertaining to what any one individual must or must not do in a situation.

The first part of a standard of care is defining the reasonably prudent person. A reasonably prudent person is not an ideal person held up by the community or the jurors as the perfect person in every situation that never makes a mistake but rather, a person that is average for the community in terms of his or her actions and knowledge.

Once the reasonably prudent person is established, it is important to adjust the standard based on training and experience. Also factored into the scale are the circumstances of the incident, equipment available to everyone, and the geographic location of the incident. These things make sure that one is not comparing John Doe off of the street with Lifeguard Sam when John Doe removed a spinal victim from a pool incorrectly.

After the reasonably prudent person has been adjusted to meet the circumstances of the case, it is important to look to the laws, local customs, statutes, ordinances, various employment regulations if pertinent, and case law to determine what exactly the standard required is.

Finally, after determining what exactly the standard of care in a certain situation is, it is time to compare the actions of the defendant to the standards of the community. If they fall short, there has been a breach of the standard of care. If not, there hasn’t.

Contact a Jacksonville Personal Injury Lawyer

If you have been injured by someone’s negligent actions, contact a Jacksonville personal injury lawyer from the Law Offices of Donald Guthrie at 904-296-1088 for the legal assistance you deserve.

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