Legal Definitions - care

Care, in a legal context, refers to the watchful attention, caution, and diligence that a person is expected to exercise to prevent harm or injury to others.

It is the opposite of negligence or carelessness. The amount of care required in any given situation is determined by a legal benchmark known as the standard of care. This standard represents the conduct that a reasonably prudent person would exhibit under similar circumstances.

In law, the expected degree of care can vary based on the situation:

• Slight Care: This is the minimal attention a sensible person would give to something of very minor importance.
• Reasonable (or Ordinary) Care: This is the most common standard, requiring the level of caution and attention that an average, sensible person would typically show in similar circumstances.
• Great Care: This is a heightened level of vigilance and caution, expected when the potential for harm is significant, or the situation demands specialized expertise.

Here are some examples illustrating the concept of care:

• Example 1: A Property Owner's Responsibility

  Imagine a homeowner who hosts a barbecue in their backyard. Before guests arrive, they walk around their property to ensure there are no obvious hazards, such as loose paving stones on a walkway, a broken step on the deck, or exposed electrical wires. They also make sure the pool gate is securely latched if children are present.

  This illustrates "reasonable care" because the homeowner is taking sensible, proactive steps that an ordinarily prudent person would take to prevent foreseeable accidents and ensure the safety of their guests. Failing to do so, and a guest getting injured as a result, could be considered a breach of this standard of care.

• Example 2: A Professional's Duty

  Consider a certified public accountant (CPA) preparing a client's annual tax return. The CPA meticulously reviews all financial documents, asks clarifying questions, and applies the latest tax laws and regulations to ensure accuracy and compliance. They do not cut corners or make assumptions that could lead to errors or penalties for their client.

  This demonstrates a heightened form of "reasonable care," often aligning with "great care" or a professional standard, because the CPA is expected to exercise the skill and diligence that a reasonably competent professional in their field would demonstrate. Their specialized knowledge and the importance of their work demand a higher degree of attention and precision than an average person might apply to their own minor affairs.

• Example 3: A Motorist on the Road

  A driver is navigating a busy street during a rainstorm. They reduce their speed, increase their following distance from other vehicles, use their headlights, and avoid sudden braking or steering maneuvers. They remain alert to their surroundings, anticipating potential hazards like pedestrians or standing water.

  This exemplifies "reasonable care" because the driver is adjusting their behavior to the prevailing conditions (rain, busy street) in a way that a prudent and rational person would to minimize the risk of an accident. Driving recklessly or failing to adapt to the weather would be a lack of care, potentially leading to negligence if an accident occurred.