In a trial for negligence, the standard of care is a question of law for the judge to determine.

In a trial for negligence, the standard of care is a question of law for the judge to determine.

• A. True
• B. False
• C. It depends on the case
• D. The jury determines

Answer: (B)

In negligence cases, the benchmark of care is defined by law, but whether a defendant actually fell short of that benchmark is decided from the facts. The judge sets the standard of care (through instructions and legal definitions), while the jury evaluates the evidence to determine if there was a breach of that standard. So the statement is not correct because the standard of care itself is a legal concept, but the breach—the application of that standard to the facts—typically remains a factual question for the jury to decide. Exceptions exist when the facts are undisputed or a particular professional standard is involved, where a judge can resolve breach as a matter of law, but that’s not the usual rule.

In negligence cases, the benchmark of care is defined by law, but whether a defendant actually fell short of that benchmark is decided from the facts. The judge sets the standard of care (through instructions and legal definitions), while the jury evaluates the evidence to determine if there was a breach of that standard. So the statement is not correct because the standard of care itself is a legal concept, but the breach—the application of that standard to the facts—typically remains a factual question for the jury to decide. Exceptions exist when the facts are undisputed or a particular professional standard is involved, where a judge can resolve breach as a matter of law, but that’s not the usual rule.