Question

To win his action in negligence against a professional person, the plaintiff must prove, among other things, that the defendant's conduct was below an acceptable standard of care. Which of the following is the legal standard of care demanded of a professional person?

A) That he act as may reasonably be expected of any person
B) That he exceed the skills of an average professional
C) That he act in a manner acceptable to the general public
D) That he act as may reasonably be expected of the normally skilled professional of that type

Answer 1

To win a negligence case against a professional, the plaintiff must show the professional's conduct was below the standard expected of a normally skilled professional in that field. The burden of proof in such civil cases is 'beyond a preponderance of the evidence', which is lower than the 'beyond a reasonable doubt' standard in criminal cases.

Step-by-step explanation:

To win an action in negligence against a professional person, the plaintiff must prove that the defendant's conduct fell below the standard of care expected of professionals in that field. The legal standard of care required of a professional person is D) That he act as may reasonably be expected of the normally skilled professional of that type. This means the professional must exhibit the skill and knowledge that is typically possessed by members of their profession.

In terms of burden of proof, in a civil case such as a negligence action, the burden is 'beyond a preponderance of the evidence' which is different from the 'beyond a reasonable doubt' burden required in criminal cases. When assessing professional performance in the context of negligence, what is considered is whether the professional's actions were consistent with the practices of a reasonably competent professional under similar circumstances.