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A duty of care may rest with anyone in a certain situation. Every person has a duty to use care in actions so as not to harm others. This is the prudent man rule. If you violate it and somebody gets hurt, you have been negligent and can be held accountable in a civil court for damages. EX: a skateboarder runs off a wall and falls into a lady with a baby and hurts the baby. this is a violation of the duty of care. there is a test of reasonableness imposed. Skateboarding is almost always unreasonable. ( that's part of the appeal) If a fireman fell from a ladder while trying to save a person, and struck that same lady, that would not be unreasonable and not a violation of the duty of care ( unless he was drunk) A STANDARD of care is very different. It is the amount of care required by certain people under certain situations and does not usually apply to everybody. It is a measure of care, not just a duty. It is usually MORE than the simple reasonable care required of ordinary people. A doctor must perform to a certain standard of care when he performs medical services. The same for an attorney. All the similarly situated professionals must adhere to the same commonly accepted standard of care used by their fellows. If they use methods that are not the standard used by their brother or sister professionals, they may have violated the standard of care for there profession and be subjected to penalties. Thus, the phrase "standard of care" is used in malpractice cases mostly.

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Q: Difference between duty of care and standard of care?
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