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Duty of Care Variations

Duty of Care Variations

The normal duty of care applied in negligence suits is the care of the reasonable, prudent person under the same or similar circumstances. However, depending on the relationship between the defendant and the plaintiff this standard can change. The continuum can range from the defendant is liable regardless if the defendant is at fault or the defendant has no duty to act.

The theory to be discussed in this article is the voluntary undertaking theory. Generally the defendant does not owe anyone the duty to take affirmative actions for the protection of others. However, when an individual renders services to another, when that individual knows or should know that those services will reduce the risk of harm to that person, that individual has the duty to use reasonable care when rendering those services, if the failure to exercise care would increase the risk of harm if the individual did not render the services or if the person in harm relies on the individual using reasonable care when rendering the services.

The personal injury attorneys at Meyerkord & Meyerkord, LLC are experienced with motor vehicle accident claims and can help you or someone you know who has been in a motor vehicle accident. We have a track record of recovering millions of dollars due to car accidents and helping clients recover from their traumatic experience. Our personal injury attorneys are licensed in Missouri and Illinois. We have logged thousands of hours on the phone with insurance companies and recovered millions of dollars for medical bills, pain and suffering, and property damage. We have over 100 years of combined experience. Please contact us at (314) 300-3000 or (800) 391-4318 for a no-obligation assessment of your potential motor vehicle case.

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**The information on this St. Louis personal injury website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.**


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