Legal Definitions - degree of care

Degree of Care refers to the level of caution, attention, and judgment that a reasonably prudent person or professional would be expected to exercise in a specific situation to avoid causing harm to others. This standard is not absolute; it varies depending on the circumstances, the potential risks involved, and the relationship between the parties.

• Example 1: Driving Conditions

  A driver operating a vehicle is expected to exercise a certain degree of care. If a driver is navigating through a residential neighborhood with children playing nearby, they are expected to drive slowly and be highly vigilant. However, if the same driver is on an empty highway in clear weather, while still needing to be attentive, the expected degree of care regarding speed and immediate hazard anticipation might be different, reflecting the lower immediate risk to others.

  This illustrates how the expected level of caution changes based on the environment and potential for harm. The driver in the residential area must exercise a higher degree of care due to the increased risk to pedestrians.

• Example 2: Professional Responsibilities

  The degree of care expected from professionals varies with their specialization and the nature of their work. A neurosurgeon performing a complex brain operation is held to an extremely high degree of care, reflecting their specialized training and the life-or-death implications of their actions. In contrast, a general practitioner conducting a routine physical examination, while still expected to be competent and thorough, operates under a different, though still high, degree of care appropriate for less invasive procedures.

  This example shows that professionals are judged by the standards of their particular field, and the more specialized or high-stakes the work, the greater the expected level of care and expertise.

• Example 3: Property Ownership

  A property owner's expected degree of care can depend on who is using the property. The owner of a public shopping mall is expected to maintain a very high degree of care to ensure the safety of thousands of daily visitors, including regularly inspecting for hazards, promptly cleaning spills, and maintaining clear pathways. Conversely, a private homeowner, while still responsible for ensuring their property is reasonably safe for invited guests, is generally held to a lower degree of care compared to a commercial establishment open to the general public.

  This demonstrates that the legal obligation to prevent harm can differ based on the type of property and the relationship between the owner and those who might be injured on the premises.