Negligence Simplified

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’.

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