There is no evidence that Ginny intentionally dropped the plant or that she was negligent in allowing the plant to fall, but this could result in her liability for negligence pursuant to res ipsa loquitur. Ginny keeps a garden and is present in the garden when the plant falls. It is apparent that the potted plant fell from the room of the building where there is a community garden.
Example: Tom is walking by a building when a potted plant falls on his head. As such, it is not necessary to demonstrate how a reasonable person would or should have acted in the situation. That is, this type of harm would not have occurred in the absence of negligence by someone in the defendant's position. Res Ipsa Loquitur posits that in some situations the very nature of the accident or situation indicates that the conduct of the defendant was negligent. Two situations exist where a defendant may either be held liable without a showing of unreasonable conduct or the unreasonableness of conduct is inferred from the facts of the situation. Example: Shooting an arrow up into the air without knowing whether anyone will be harmed by the arrow could be reckless conduct. The law frequently allows a plaintiff to recover punitive damages as well as actual damages in such situations. In some jurisdictions, reckless conduct is known as aggravated negligence. Such conduct falls below the standard of care owed to other individuals and constitutes negligence. Though it does not entail intent to cause them harm, it shows an extreme lack of due care. It generally requires a defendant to appreciate the nature and severity of the potential harm that may arise from the conduct. Reckless behavior demonstrates a complete disregard for the potentially harmful consequences of one's conduct. I may not have intended the result or appreciated the risk, by my actions fall way below an acceptable standard of care. This may be an example of gross negligence. This causes him to slam very hard into the rock face. When my friend slips, he falls 15 feet, rather than 5 feet, before the rope catches him. I think we will make better time if I hook the rope every 15 feet. I do not hook our climbing rope in carabiners every 5 feet, as recommended. Example: I am rock climbing with a friend. Gross negligence, in contrast, is a severe departure from the standard owed. Negligence generally entails a simple failure to meet the standard of care owed to others. My inaction to rescue her will result in liability. I push a non-swimmer into deep water, I now have a duty to act reasonably in preventing that person from drowning. A mother is assumed to act in the best interest of her child, such that others will not act assuming the mother will act. If the child strays into traffic and is injured, the mother's inaction is negligent in causing harm to the child. Example: A mother fails to help her child cross the street. In such a situation, an individual incurs an affirmative duty to act.įailing to act drops below a reasonable standard of care. This is true when a special relationship exists or one individual causes the risk of harm to the other person. 
In some situations, inaction may constitute unreasonable behavior. Further, a large person interacting with a small child may owe a higher standard of care to avoid harmful physical contact than a small person interacting with a large person.
#DEFINE BREACH OF DUTY HEALTHCARE PROFESSIONAL#
A failure of a professional to act reasonably within the scope of her duties is known as malpractice. Note: A professional, such as a doctor, will be held to the standard of a reasonable professional in a given situation.Notably, the reasonable person standard of care is an objective standard based upon the nature of the relationship and the subjective characteristics of the plaintiff. In determining whether conduct is unreasonable, a court will consider the likelihood that the defendant's conduct will injure others, taken with the seriousness of the injury if it happens, and balanced against the interest which he must sacrifice to avoid the risk. The duty of care exists under the law, but the determination of what is reasonable may be unreasonable in another situation. Whether conduct is unreasonable is a mixed question of law and fact. Next Article: Proximate Causation Return to: TORT LAW What is unreasonable behavior that constitutes a breach of duty under tort law?
Breach of Duty of Care - Negligence Lawsuit
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