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

[Mike Sechrest]

It's admissible as evidence but should get a cautionary instruction that the
standard is still based on jury instruction / reasonable person (or
professional in case of malpractice claim). 

Steinberg 531 So.2d 199 

Nesbitt 467 so.2d 711

 

 

Michael D. Sechrest

Warner, Sechrest & Butts

5200 SW 91st Terr. Suite 101

Gainesville, FL 32608

(352)373-5922



  

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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 6:20 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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