Legal Definitions - reasonable care

Reasonable care (also known as due care or ordinary care) is a fundamental legal concept that describes the level of caution and attentiveness that a sensible and prudent person would typically exercise in a given set of circumstances. It serves as a benchmark to determine whether an individual or entity has acted responsibly and appropriately, particularly when assessing potential liability for negligence.

Essentially, it asks: what would a reasonable person, with similar knowledge and experience, have done in this exact situation to prevent harm or ensure safety? Failure to meet this standard of care, if it directly causes injury or damage, can lead to legal responsibility. Conversely, demonstrating that one exercised reasonable care can help establish that they acted responsibly and should not be held liable.

• Example 1: A Retail Store's Responsibility

  Imagine a grocery store where a customer spills a drink in an aisle. Exercising reasonable care would mean that store employees promptly place a "wet floor" sign in the area and clean up the spill within a reasonable timeframe. If an employee sees the spill, fails to put up a sign or clean it, and another customer slips and breaks their arm, the store might be found liable for negligence because it did not exercise reasonable care to prevent a foreseeable hazard.

• Example 2: A Professional's Duty

  Consider a certified public accountant (CPA) preparing tax returns for a client. Reasonable care in this context involves staying updated on tax laws, accurately inputting financial data, and thoroughly reviewing the returns for errors before submission. If the CPA, due to carelessness, overlooks a significant deduction that a competent CPA would have identified, leading to the client paying substantially more in taxes, the client might argue the CPA failed to exercise reasonable care in their professional duties.

• Example 3: A Driver's Conduct

  When driving a car, exercising reasonable care involves adhering to speed limits, paying attention to road conditions, using turn signals, and maintaining a safe following distance. For instance, if a driver is traveling on a highway during a heavy rainstorm, reasonable care would dictate reducing speed, increasing following distance, and turning on headlights, even if the posted speed limit is higher. A driver who maintains the dry-weather speed limit in such conditions and causes an accident might be found to have failed in their duty of reasonable care, as a prudent person would have adjusted their driving to the hazardous conditions.