Special Skills

Definition

Special skills refer to specific abilities or expertise that an individual possesses, which may influence the standard of care expected of them in various situations. When a person has special skills, such as being a trained medical professional or an experienced mechanic, they are held to a higher standard of care than someone without those skills. This concept is crucial in determining whether someone acted negligently, as it establishes the baseline for what is considered reasonable behavior in their field of expertise.

5 Must Know Facts For Your Next Test

1. Individuals with special skills are expected to perform at a level consistent with their training and expertise, which raises the bar for what is considered reasonable behavior.
2. In legal cases, the presence of special skills can lead to increased liability for professionals if they fail to meet the heightened standard of care.
3. The existence of special skills may also affect jury perceptions in negligence cases, as jurors might expect more from individuals with specific training or qualifications.
4. Special skills can include not only formal education and training but also extensive experience in a particular field, impacting how the standard of care is assessed.
5. The determination of whether someone has special skills is often subjective and can vary depending on the context of the situation being evaluated.

Review Questions

• How do special skills influence the determination of negligence in legal cases?
  • Special skills significantly impact the evaluation of negligence because they raise the standard of care that an individual is expected to meet. When someone possesses particular expertise, such as a doctor or engineer, they are judged against what a reasonably competent professional in that field would do. This means that if they fail to act in accordance with their specialized training, they may be found negligent more easily than someone without those skills.
• Discuss how the presence of special skills might affect jury decisions in cases involving professional liability.
  • When jurors consider cases involving professionals with special skills, their expectations for appropriate behavior are heightened. Jurors might feel that individuals with expertise should have a better understanding of potential risks and consequences, which could lead them to be less forgiving if these professionals do not meet that expectation. This bias can impact their verdicts and how they assess damages based on perceived failures in exercising proper care.
• Evaluate the implications of defining special skills in terms of liability for professionals and how this shapes accountability standards within various fields.
  • Defining special skills plays a critical role in establishing accountability standards across different professions. As professionals are held to a higher standard based on their specialized training or experience, this creates an environment where accountability is enforced through legal expectations. The implications are profound; professionals may face significant consequences if they fail to meet these elevated standards, leading to increased scrutiny and potential legal action when negligence occurs. This framework encourages continuous improvement and adherence to best practices within fields where special skills are necessary.

Related terms

Standard of Care: The degree of caution and concern an ordinary person should exercise in a given situation; it varies based on the context and the skills of the individual involved.

Negligence: A failure to take reasonable care to avoid causing injury or losses to another person, which can be influenced by the special skills of the person involved.

Professional Liability: Legal responsibility of professionals to provide services at a standard of care that is expected based on their special skills and expertise.