Legal Definitions - high degree of care

The term high degree of care refers to a legal standard that requires an individual or entity to exercise an exceptionally high level of caution, vigilance, and foresight to prevent harm. This standard is typically imposed in situations where the potential for serious injury or damage is significant, or where a special relationship exists that places a heightened duty on one party to protect another. It demands more than the ordinary "reasonable care" that most people are expected to exercise in everyday situations; it requires extraordinary precautions and a proactive approach to safety.

• Example 1: Public Transportation Provider

  A city bus company is legally obligated to exercise a high degree of care towards its passengers. This means they must go beyond basic maintenance and ensure their buses are meticulously inspected and serviced, drivers are rigorously trained and regularly evaluated for safety, and all safety protocols, such as emergency exits and secure seating, are strictly adhered to. They must anticipate potential hazards and take extensive measures to prevent accidents, recognizing the vulnerability of passengers who entrust their safety to the company.

• Example 2: Manufacturer of Dangerous Products

  A company that manufactures fireworks or highly flammable chemicals is held to a high degree of care. This standard requires them to implement extremely stringent quality control measures, use robust and secure packaging, provide comprehensive safety warnings and instructions, and ensure their products are designed to minimize any foreseeable risks. They cannot simply rely on consumers to be careful; they must take extraordinary steps to prevent accidents given the inherent dangers of their products.

• Example 3: Care for Vulnerable Individuals

  A nursing home caring for elderly residents with cognitive impairments must exercise a high degree of care. This entails ensuring adequate staffing levels, thoroughly vetting all employees, implementing strict protocols for medication administration, maintaining a safe environment free from fall hazards, and providing constant supervision to prevent residents from wandering or injuring themselves. The heightened vulnerability of their residents demands a level of vigilance and protective measures far exceeding what would be expected in a typical residential setting.