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Home » Standard of Care Deemed Question for a Jury
Tort law defines standard of care as the degree of prudence and caution required of an individual who is under a duty of care (a legal obligation imposed on an individual requiring that individuals adhere to a standard of reasonable care while performing any acts that could possibly harm others). The requirements of the standard are closely dependent on circumstances.
A recent case before the appellate division of the Superior Court of New Jersey could have an impact on the industry. The plaintiff and her children resided in a second-floor suite at a hotel. Their primary means of ingress and egress to the suite was via a staircase that had a storage closet located under it, which contained wooden tables, chairs and foam cushions. The storage closet was not part of the hotel’s original construction; it was constructed at a later time and contained no sprinkler.