Standard of Care
A standard of care is the degree of care, caution or competence that a person is expected to demonstrate in a given circumstance, set of conditions or while functioning in a particular role. If a plaintiff is to successfully argue a claim for damages based on negligence, the supporting evidence must show that the defendant failed to meet the appropriate standard of care.
The standard of care can vary according to circumstance, the nature of the event, and the role of the defendant. The decision as to whether a standard of care has been breached, or was not met, ultimately rests on the judge. However, there are guidelines based on what a reasonable person would have done in similar circumstances. The judge will base his/her decision on whether or not the party "...proceed[ed] with such reasonable caution as a prudent man would have exercised under such circumstances" (Vaughan v. Menlove (Bing. N.C. 467, 132 E.R. 490 C.P. [1837]).
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For example, as one might expect, a physician, dentist or other health care professional is held to a higher standard of care than a hotel maid. Likewise, a major toy manufacturer is held to a higher standard of care in ensuring its products do not contain defects or materials that could cause a child to suffer harm than a neighborhood craftsman who creates wooden toys which he vends at a local farmers' market (ironically, the latter often adheres to a far higher standard of care than the former, which manufactures products in unregulated overseas factories in any event). The standard of care in such cases is determined by what is known as the Bolam test.
When it comes to actions by children, there are several special standards of care involved, since children go through many different developmental stages in a short period of time. Obviously, a twelve-year-old would be held to a much different standard of care than a five-year-old when all other conditions are equal.