Minimum Safety Standards vs. Reasonable Care: Why “Barely Passing” May Not Be Enough
A newly published article in the New York Law Journal examines one of the most important and frequently misunderstood concepts in negligence law: the distinction between minimum safety standards and reasonable care.
In “Minimum Safety Standards in Tort Litigation: The Battle Between ‘Barely Passing’ and Reasonable Care,” authors Ben Rubinowitz, Evan Torgan, and Olympia Rubino explore how codes, regulations, and professional standards are viewed differently by plaintiffs and defendants in tort cases.
Virtually every negligence case involves safety standards. Building codes, OSHA regulations, ANSI standards, and accepted medical practices establish objective benchmarks intended to protect people from foreseeable harm. Yet an important question remains: does complying with those standards necessarily mean that reasonable care has been exercised?
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