How Much Care Is Needed?
Posted By Robert Sparks || Oct 19, 2012
In negligence actions, a plaintiff who was injured typically brings a law suit as a result of the defendant breaching their duty of care. Thus the question asked is how much care is required?
Florida case law provides that the degree of care must be commensurate with the risk that is involved. Thus the circumstances of the activity must also be weighed. What a reasonable person would or would not do under the circumstances depends in large measure upon the extent to which his conduct may cause harm to another. See Russell v. Jacksonville Gas Corp.,, 117 So.2d 29 (Fla. 1st DCA 1960).
Therefore, the amount of care of that a person will have to exercise also depends on the extent of the risk of harm to others. In short, as the likelihood increases that others may be injured in an accident the amount of care which must be exercised will correspondingly increase.