Standard of care is the attention and cautiousness a reasonable person should exercise in a specific circumstance to prevent harm to others. If a person fails to meet their duty of care towards other people, they are failing to meet this standard of care, which is also known as negligence.
Under the law, a person sometimes has a “duty of care” meaning they are required to exercise care or caution toward the safety of people around them. Depending on the circumstances, the level of duty they have may be more or less. This is known as the “standard of care.”
When someone is determined to have failed in meeting a standard of care, any injuries and damages that result from the negligence can be claimed by the injured person in a lawsuit.
Since standard of care is subjective in many situations, negligence must be judged on a case-by-case basis—which is why we have personal injury cases and lawsuits. In some professional situations, such as with medical malpractice cases, standard of care is more straightforward, while injuries involving non-professional standards of care like car accidents will depend on established rules and regulations like road laws.
In What Ways Can a Person Fail to Meet a Standard of Care?
Standard of care varies depending on the situation and how an accident or injury occurred. In personal injury law, someone is acting negligent if they didn’t uphold their duty of care to others by doing or not doing something that led to an injury. If the injury directly resulted from that person’s negligence, they are liable for the damages of the victim.
Some situations where standard of care was not met and the victim could pursue financial recovery may include:
If the medical treatment of a healthcare professional, such as a doctor or nurse, falls below an accepted medical standard of care and a patient is harmed by it, the professional has failed to uphold their standard of care and are liable. Typically, the standard of care for health care professionals, especially specialists in the field, is much higher than the average since they literally have patients’ lives in their hands.
Every driver on Georgia roads are required to exercise a reasonable duty of care to avoid hurting others on the road—including other drivers, pedestrians, cyclists, and bikers. If the driver doesn’t not uphold this standard of care—like if they are texting and driving, drunk driving, or driving without car insurance—they are in breach of their duty to other drivers. If this leads to an accident that injuries others on the road, the driver is considered to be negligent and liable for those damages.
Slip and Fall Accidents
Property owners have a standard of care to maintain their premises and, as much as possible, prevent the risk of injuries to those on their property. This could include cleaning up a spill on the floor or fixing a broken staircase within a reasonable period of time. Failing to do so can lead to injuries that the owner may be responsible for.
What Happens If I Was Injured By Someone’s Failure to Meet a Standard of Care?
If you were injured because of someone else’s negligence, you may be entitled to recovery money for your the costs of your injury and other damages. Many times, the amount you can recover is much more than you would initial suspect—but to be sure, you need a personal injury lawyer who can calculate these costs for you.
At John Foy & Associates, our attorneys can help. We work exclusively on personal injury cases, and we know how to spot a breach in standard of care. For a FREE legal consultation with one of our lawyers, contact us today to get started. Call 404-400-4000, or complete the form to your right for your free consultation.