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post #22 of Old 01-31-2012
jameswilson29
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Quote:
Originally Posted by davidpm View Post
That would certainly be logical but there have been other threads and I've done other research and have not been able to determine any evidence to support this concept...
jackdale is correct (again).

This is a common concept in negligence cases against professionals. The standard of care in ordinary negligence cases is that of reasonably prudent person. Someone rendering professional standards may be held to a higher standard of care, that of exercising the average degree of skill, care, and diligence exercised by members of the same profession, practiced in the same or a similar locality, in light of the present state of knowledge and information in that profession.

No one would be judged by less than a "reasonably prudent person" standard of care in negligence cases. A professional captain would likely be held to a higher standard of care commensurate with his profession.

A consumer may also have a cause of action against a professional based on a breach of a contract instead of a tort claim of negligence.

I suggest you google "standard of care", "maritime law", "professional captain" for further research on the issue, for example: http://www.legalmatch.com/law-librar...liability.html: "..the acting skipper will be held to a higher standard of care.."

This is general information and not legal advice. You should consult with a maritime lawyer in your jurisdiction to discuss your particular situation.

Last edited by jameswilson29; 01-31-2012 at 08:07 AM.
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