November 17, 2014
6. Standard of Care
The next step in the 4-part test to determine if there’s been Negligence is to answer the question:
Did the Defendant breach the ‘Standard of Care’?
If the answer is ‘Yes’ – then there may be Negligence (still 2 more tests to go!)
If answer is ‘No’ then there is no Negligence (because the 4-part test requires 4 ‘yes’ responses for there to be negligence).
However, the tricky part is this: what is the standard?
The courts will spend a lot of time trying to determine the answer to this question!
Why? – because there are not a lot of written ‘standards’ out there.
This is such an important issue that it needs more time to explore – so we’ll return to this after looking at the last two tests: ‘Damage’ and ‘Proximate Cause’.
To follow the blog from the start – go to www.sportrisk.com/blog
Ask a question, post a response!