New Haven Slip and Fall Jury Charges: Reasonable Care

Posted by Richard P. Hastings | Mar 01, 2012 | 0 Comments

You are walking through a retail store in New Haven, Connecticut when all of a sudden you fall slip and down seriously injuring yourself.  You are justifiably outraged!  Where do you turn to for help and what do you do?

How does the jury decide who is at fault? What percentages of fault each party is responsible for? Prior to the jury starting deliberations, the judge will charge or give instructions to the jury. Once such charge might address the issue of reasonable care and could include the following directive:

Reasonable Care.  In describing the duties involved in this case, I have used the term "reasonable care." Reasonable care is defined as the care which an ordinarily prudent or careful person would use in view of the surrounding circumstances.  You must determine the question by placing an ordinarily prudent person in the situation of the defendant and ask yourselves:  what would such a person have done? Note that it is the care that such a person would have used under the surrounding circumstances, that is, in view of the facts known or the facts of which the party should have been aware at the time.  The standard of care required, that of an ordinarily prudent person under the circumstances, never varies, but the degree or amount of care may vary with those circumstances.  For example, in circumstances of slight risk or danger, a slight amount of care might be sufficient to constitute reasonable care, while in circumstances of greater risk or danger, a correspondingly greater amount of care would be required to constitute reasonable care.

Your New Haven, Connecticut slip and fall case needs to be investigated immediately before evidence disappears or the accident site changes. Witnesses may need to be interviewed or physical evidence examined. Don't delay, contact us today and tell us about your case online or call us toll free at (888) 244-5480.

About the Author

Richard P. Hastings

Attorney Hastings concentrates his practice on personal injury and litigation. Devoted to helping those who have suffered some type of wrong, Richard P. Hastings concentrates his law practice on personal injury law.

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