the standard of care generally used in cases of negligence is the
Standard of care
Four elements are deemed necessary for a statute to apply in a negligence case . First the person harmed must be a member of the class of persons which the law was intended to protect . Second , the danger or harm must be one that the law was intended to prevent . Thirdly , there must be some causal relationship established between the breach of the statute and the harm caused . Fourthly , the criminal statute must be concrete , specific and measurable enough to clearly establish a standard of breach . Courts are reluctant to create new torts out of criminal statutes . ( See Restatement ( Second ) of Torts , sections 297 , 288 . )
Four elements are deemed necessary for a statute to apply in a negligence case . First the person harmed must be a member of the class of persons which the law was intended to protect . Second , the danger or harm must be one that the law was intended to prevent . Thirdly , there must be some causal relationship established between the breach of the statute and the harm caused . Fourthly , the criminal statute must be concrete , specific and measurable enough to clearly establish a standard of breach . Courts are reluctant to create new torts out of criminal statutes . ( See Restatement ( Second ) of Torts , sections 297 , 288 . )