[CLC-Discussion] Negligence: Standard of care: Proof: Qualitycontrol program

[Bruce Partington]

The uncertainty that follows a Supreme Court opinion that effects a
substantial change in the law . . .

Interesting because if your defendant is not a professional, then the
standard of care would typically be that of a reasonable
contractor/subcontractor/construction manager (setting aside the issue
of whether construction managers might or might not fall into the
"professional" class - insurers seem to think so).  So the issue is
whether or not one can (contractually or otherwise) set a standard of
care which may be different from the "reasonable person" standard.

I think the answer is probably yes, and you would might look to cases
where, for example, Company X has a policy that their drivers never
exceed the speed limit, but in the accident, the driver for Company X
was exceeding the speed limit.  Or a hospital has a certain standard  .
. .

I think the answer is cleaner if the QC standard is a contractual
obligation.   There's a fair argument that failing to meet a contractual
standard would be negligence, especially since the ELR is gone. . . . 

 

Bruce D. Partington

Clark Partington

bpartington at cphlaw.com <mailto:bpartington at cphlaw.com> 

Direct: 850-432-1399

Fax: 850-432-7340

*Board Certified in Construction Law

 

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From: clc-discussion-bounces at lists.flabarrpptl.org
[mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of
Richard A. Burt
Sent: Wednesday, January 15, 2014 5:21 PM
To: 'clc-discussion at lists.flabarrpptl.org'
Subject: [CLC-Discussion] Negligence: Standard of care: Proof:
Qualitycontrol program

 

Everyone, 

I would like any thoughts you may have regarding the following related
issues: 

(i)                 Is a defendant's own quality control program
admissible to prove the standard of care in a negligence case brought
against him? 

(ii)               Is the failure of a defendant to follow his own
quality control program admissible to prove his negligence (i.e.,
violation of the standard of care)?

I will greatly appreciate any comment and/or legal authority you may
have as to these issues.

Thanks!

Dick

Richard A. Burt, Esq.

BURT & BURT

420 S. Orange Ave., Suite 220

Orlando, FL  32801

(386) 252-2090 (office)

(866) 240-7043 (facsimile) 

dick at burt-burt.com

www.burt-burt.com <http://www.burt-burt.com/> 

 

 

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