Standard of care

This Standard of Care is defined by

laws, regulations, consensus standards and guidance documents, as well as knowledge and experiences which have occurred over the past fifty years

Gross negligence is

the willful or, in some cases, almost willful failure to perform one's duty or responsibility

Define Competency

-Accepted practices found within a profession, trade, etc. -includes moral, ethical, and political issues -these factors involve legislative requirements set forth in laws or ordinances -the court's interpretations and opinions

In most negligence lawsuits, there are only four avenues of defense.

-The defendant may try to prove that no duty or responsibility exists -that no standard of care exists -that the standard of care was not violated -no injury occurred or that injury did not result from a violation of the standard of care or was not foreseeable

In order to establish negligence, a party must prove that:

1. A duty or responsibility was owed. 2. There was a failure to perform that duty within the realm of a standard of care. 3. Damage occurred. 4. The failure to perform the duty or responsibility resulted in the damage.

the standard of care for any given situation or profession is not static but dynamic

change in standard of care is usually due to a change in what is deemed "competent."

The standard of care establishes

duties and responsibilities

Negligence is the

failure to perform one's duty or responsibility with reasonable regard for foreseeable harm to another

In general, standard of care is

he level of competency anticipated or mandated in the performance of a service or duty

The existence of a hazardous materials/WMD standard of care has potential legal implications for emergency response agencies and employees, such as liability

means that some individual, group, or agency is legally bound or responsible to perform or provide a function, duty, or service

The primary concern with regard to liability is

negligence