- ordinary care
- A standard for the determination of negligence; the degree of diligence which one must observe in the performance of his common-law duty to use care to prevent injury to others. A relative standard; due care according to the circumstances of the case. 38 Am J1st Negl § 29. That degree of care that a man of ordinary prudence would exercise under the same or similar circumstances with reference to his own property. Smith v Maher, 84 Okla 49, 202 P 321, 23 ALR 270. In reference to pedestrians: such care as persons of ordinary prudence and care, in driving and managing automobiles in the streets of a city, are accustomed to exercise and observe for the protection of persons traveling in the streets. Cincinnati Traction Co. v Harrison, 24 Ohio CCNS 1, 44 Ohio CC 435. As required of an officer or director of a corporation:–such care as a man of common prudence would take of his own affairs; more realistically, such care as a prudent man should exercise in like circumstances, not necessarily the care which such a person would show in the conduct of his own affairs of a similar kind. 19 Am J2d Corp § 1277. As required of a bailee:–such care as ordinarily prudent men, as a class, would exercise in caring for their own property under like circumstances, or, as it is sometimes expressed, when applied to bailees who make a business of keeping property for hire, that degree of care and diligence which may reasonably be expected from ordinarily prudent persons under similar circumstances, or that which capable and reasonably prudent persons engaged in the same business, and experienced and faithful in the particular department are accustomed to exercise when in the discharge of their duties. 8 Am J2d Bailm § 207.
Ballentine's law dictionary. Anderson, W.S.. 1998.