Legal Definitions - proper care

Proper Care refers to the level of attention, caution, and skill that a reasonably prudent person would exercise in a similar situation to prevent harm, ensure safety, or maintain a particular standard.

It is an objective standard, meaning it's not about what a specific individual *thought* was careful, but rather what a hypothetical, sensible person would have done under the same circumstances. Failing to provide proper care can sometimes lead to legal liability if it results in injury or damage.

• Example 1: Retail Store Maintenance

  A manager at a clothing store notices a loose floor tile near the entrance. Proper care would involve immediately cordoning off the area, placing a warning sign, and arranging for the tile to be repaired promptly. This demonstrates taking reasonable steps to prevent customers from tripping and injuring themselves, which a prudent store manager would do to ensure a safe environment.

• Example 2: Pet Ownership

  A dog owner takes their large dog to a public park. Proper care dictates that the owner keeps the dog on a leash, especially if the dog is not reliably obedient, and cleans up after their pet. This illustrates the owner's responsibility to prevent the dog from running off and potentially harming other people or animals, or creating a public nuisance, reflecting what a reasonably responsible pet owner would do.

• Example 3: Home Appliance Installation

  A homeowner hires a contractor to install a new water heater. Proper care on the part of the contractor would include ensuring all connections are secure, following local building codes, and testing the unit for leaks before completing the job. This shows the contractor exercising the skill and diligence that a reasonably competent professional in their field would to prevent water damage, gas leaks, or other hazards to the homeowner's property and safety.