What is the test for establishing a standard of care?
California, United States of America
The following excerpt is from Regents of the Univ. of Cal. v. Superior Court of L. A. Cnty., 240 Cal.Rptr.3d 675, 29 Cal.App.5th 890 (Cal. App. 2018):
which the duty requires the defendant to conform. [Citation.] The formulation of the standard of care is a question of law for the court. [Citations.] Once the court has formulated the standard, its application to the facts of the case is a task for the trier of fact if reasonable minds might differ as to whether the defendants conduct has conformed to the standard. [Citations.]" ( Ramirez v. Plough, Inc. (1993) 6 Cal.4th 539, 546, 25 Cal.Rptr.2d 97, 863 P.2d 167 ( Plough ).)
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