Which group is responsible for determining the levels of care in negligence cases?

The jury and courts play a critical role in determining the levels of care in negligence cases. In a negligence claim, the plaintiff must establish that the defendant owed a duty of care to the injured party and that this duty was breached, resulting in harm. The jury evaluates the evidence presented during the trial and considers the standard of care that a reasonably prudent person would have exercised in similar circumstances.

This system relies on the fact that the jury will interpret the facts of the case, apply the relevant legal standards, and determine whether the defendant's actions fell short of the expected standard of care. The courts provide the legal framework and guidelines for these determinations, ensuring a structured legal process where both sides can present their arguments. Thus, the responsibilities for assessing levels of care in negligence cases rest fundamentally with the jury and the courts, reflecting their critical role in the judicial process.