Our San Diego Personal Injury Law Firm Discusses Standards of Care
This entry was posted on Wednesday, November 18th, 2015
Posted in News & Articles | Posted by: George Heppner - San Diego Personal Injury Attorney
If you have been injured in an accident caused by another person or entity, our San Diego personal injury law firm may be able to help you. Negligent actions or the failure to act when appropriate often cause accidents and lead to injury. While accidents happen to everyone, a negligent act is a violation of the standard of care for any given situation. Failing to act properly by this standard for a given situation may mean liability for injuries that occur as a result. If you are driving, you are required to exercise the same care as a reasonable person would in your situation. This includes paying attention to conditions on the road and obeying the relevant traffic laws. If you are very nearsighted and collide with a pedestrian who is jaywalking because you are not wearing your glasses, you would be considered negligent as it is reasonable to wear glasses in such circumstances.
A reasonable person in legal terms is a generalized term for someone who is ideal based on how the average person would react under specific circumstances. The reasonable person test is an objective one that does not consider the defendant’s ability. Even someone with low intelligence or a reputation for carelessness is held to the same reasonable person standard of someone with greater abilities. Juries usually decide whether the defendant was reasonable, so this designation can vary significantly. Juries usually consider whether the defendant’s conduct was reasonable considering what he or she knows or has experienced. If you have experience working as a truck driver and you do not carefully secure your rig, and a pedestrian is injured by materials that fall off your truck, you would likely not be found to have acted as a reasonable person. While others may not have knowledge of how to properly secure a truck, as a truck driver, you do have such knowledge and should act reasonably according to the circumstances. A personal injury law firm San Diego residents trust may be able to help you determine if you would be liable in this case. Even if you did not act according to the standards of a reasonable person, you are only negligent if you owed a duty to the injured party. In addition to actual knowledge, such as professional experience of expertise, juries also consider knowledge that everyone in a given community should have. A truck loading employee who tosses a heavy bag of equipment into a truck near children is expected to know that the children could be harmed and that children have natural propensities that make them a high-risk for injury around dangerous equipment.
Standards of Care for Children
Children are not expected to act according to the standards of a reasonable adult. Children face a modified standard of behavior, which compares children’s actions to those of children around the same age and intelligence level. Some courts apply the adult standard of care to children engaged in adult activities, such as skydiving. A personal injury law firm San Diego claimants trust may provide clarification as to whether this standard applies in any given case.
If you or a family member have been injured because of someone else’s negligence, you may be entitled for compensation. Some cases are stronger than others, as the standard of care can vary significantly from one case to another. A lawyer may be able to help you determine if your case is worth pursuing.
Contact a San Diego Personal Injury Law Firm
Call George Charles Heppner today at (888) 503-6473 to work with a reliable San Diego personal injury law firm.