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Friday, January 27, 2012

Negligence: Special (specific) Standard of Care

On a Negligence essay exam, it will be important to establish the standard of care applicable to the fact pattern. To know what type of Duty is owed, we must first determine what type of standard of care the Defendant would be held accountable for. As mentioned yesterday, the General Standard of Care is that of a Reasonable Prudent Person under the same circumstances. Special (specific) Standard of care however has about 8 categories/situations in which a “higher standard or a specific standard “ is taken into account  They are: Custom and Usage, Children, Professionals, Owners and Occupiers of Land, In-Keepers and Common Carriers, Automobile Guest Statutes , Bailments and Rescuers (emergency situations). Do YOU remember all of the details of each category?

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