In my review of different professions what I am seeing is that the courts in more recent cases there appears to be an effort to ensure that jurors understand that the standard of care does not mean perfection in practice. While old cases in law tend to be more powerful as they have stood the test of time, these more recent cases help show a trend toward keeping jury expectations realistic. Since most of the country deal with common law, I believe the following may help a person understand the consept.

The common law standard of care for performance of professional services is generally defined as the ordinary and reasonable care usually exercised by one in that profession, on the same type of project, at the same time and in the same place, under similar circumstances and conditions. Perfect performance is not required by the common law. A recent court decision in the case of Cain v. Aquidneck Consulting Engineers, LLC, (C.A. No. NC-2014-0228, Rhode Island Superior Court 2016) provides description of the standard of care. The court quoted from other decisions stating:

"[I]n the absence of a special agreement [a design professional] does not imply or guarantee a perfect plan or satisfactory result." Klein v. Catalano, 437 N.E.2d 514, 525 (Mass. 1982) (first alteration in original) (internal citations omitted) (quoting Mississippi Meadows, Inc. v. Hodson, 299 N.E.2d 359 (Ill. App. Ct. 1973). Indeed, "[a]n engineer, or any other so- called professional, does not 'warrant' his service or the tangible evidence of his skill to be 'merchantable' or 'fit for an intended use.' . . . Rather, . . . the engineer or architect 'warrants' that he will or has exercised his skill according to a certain standard of care, that he acted reasonably and without neglect." Bd. of Managers of Park Point at Wheeling Condo. Ass'n v. Park Point at Wheeling, LLC, --- N.E.3d ---, 2015 IL App (1st) 123452, ¶ 18 (Ill. App. Ct. 2015) (quoting Kemper Architects, P.C. v. McFall, Konkel & Kimball Consulting Engineers, Inc., 843 P.2d 1178, 1186 (Wyo. 1992)).

Jim Mazerat
Forensic Investigations Group