Standard of Care
Definition
The level of skill, knowledge, and practice that a reasonably competent engineer in the same discipline and jurisdiction would have exercised under the same circumstances. Standards are evidence of the standard of care but not always co-extensive with it.
- Benchmark
- A reasonably competent engineer in the same discipline and jurisdiction
- Evidence source
- Published standards and codes
- Key caveat
- Standards are evidence of the standard of care, not always identical to it
- Used in
- Engineering failure analysis and negligence claims
Common questions
Can an engineer who followed every applicable code still be found to have breached the standard of care?+
Yes. Codes set a minimum baseline, and a reasonably competent engineer facing a specific known hazard may be expected to exceed code minimums. Compliance is strong evidence of due care but does not automatically satisfy the standard in every circumstance.
How does the standard of care change over time?+
It is judged against the knowledge and practice available at the time of the conduct in question, not against later-developed techniques or hindsight, which is why the relevant codes and industry norms in force at that date matter to the analysis.
Related terms
- Mandatory Code
- A standard incorporated by reference into statute or regulation, such that violation constitutes a legal breach and may support negligence per se...
- Negligence per Se
- A common law doctrine under which violation of a statute or mandatory code is treated as automatic breach of the duty of...
- NFPA 921
- US National Fire Protection Association Guide for Fire and Explosion Investigations. The internationally accepted methodology Indian fire investigators and SFSL fire divisions...
- State of the Art
- The level of technical knowledge and practice available at the time of design or construction, used in some jurisdictions as a defence...
- Voluntary Standard
- A consensus document representing best practice at the time of publication, departure from which is relevant but not conclusive evidence of negligence....