Every negligence case asks one question: what should a careful person have done? That measuring stick is the standard of care. Here is how North Carolina sets it and who it applies to.
Also called: ordinary care, reasonable care, reasonable person standard
Negligence means failing to act as carefully as the law requires. The standard of care is how the law states that requirement. It is not a list of rules; it is a comparison. A jury is asked to picture a reasonable, prudent person in the defendant’s position and to decide whether the defendant did what that person would have done. If not, the defendant breached the standard, and if the breach caused harm, the defendant is liable.
The standard matters twice in North Carolina, because the same yardstick is held up to the injured person. Joshua E. Palmer, Attorney at Law prepares North Carolina injury cases with both measurements in mind. This page explains the ordinary standard, the situations where the law raises or replaces it, how a standard is proved, and why the injured person’s own conduct is judged by the same test.
The general standard is ordinary care. North Carolina’s pattern jury instructions define it as that degree of care which a reasonable and prudent person would use under the same or similar circumstances to protect himself and others from injury, and they add that a person’s failure to use ordinary care is negligence. The reasonable person is an objective figure. It does not matter that the defendant meant well, was doing their personal best, or had never caused an accident before.
“Under the same or similar circumstances” is the part that makes the standard flexible. Reasonable care on a dry interstate at noon is different from reasonable care on a wet two-lane road at night. The standard stays the same; what it requires changes with the danger.
For some activities the law does more than leave the standard to the jury’s sense of what is reasonable. A safety statute can set it: violating a traffic law such as the speed statute, N.C. Gen. Stat. § 20-141, is negligence in itself when it causes the kind of harm the law was meant to prevent. A profession can set it: a health care provider is judged against the standards of practice among members of the same profession with similar training and experience in the same or similar communities.
The standard also depends on who was hurt and where. In Nelson v. Freeland, the North Carolina Supreme Court held that owners and occupiers of land owe reasonable care to all lawful visitors. Trespassers are different: under N.C. Gen. Stat. § 38B-2 a possessor of land generally owes a trespasser no duty of care, with exceptions in N.C. Gen. Stat. § 38B-3 that include certain dangers to trespassing children. And children are not held to an adult standard when their own conduct is questioned.
| Who | Standard | Source |
|---|---|---|
| Drivers and other adults | Ordinary care: what a reasonable and prudent person would do in similar circumstances | North Carolina pattern jury instructions |
| A driver who violates a safety statute | The statute sets the standard; violation is negligence per se | For example, § 20-141 |
| Health care providers | Standards of practice among similar providers in the same or similar communities | § 90-21.12 |
| Property owners, toward lawful visitors | Reasonable care in maintaining the premises for the protection of lawful visitors | Nelson v. Freeland |
| Property owners, toward trespassers | No duty of care, subject to statutory exceptions | § 38B-2, § 38B-3 |
| Children | Under seven: incapable of contributory negligence; seven to fourteen: presumed incapable | North Carolina’s rule of sevens |
Summary only. How a standard applies depends on the facts of the case.
In an everyday case the jury supplies the standard from common experience. Jurors know what careful driving looks like, so the evidence is about what happened: speed, distance, lighting, phone records, where each vehicle ended up. Traffic statutes, company safety policies, and industry rules are offered to show what a careful person or business would have done.
When the conduct is beyond common knowledge, the standard has to be proved by expert testimony under N.C. R. Evid. 702. That is true in nearly all medical cases, where the rule limits standard-of-care testimony to licensed providers in the same or a similar field, and often true in trucking, engineering, and product cases. Emergency medical care carries a higher burden: the patient must prove a violation of the standard by clear and convincing evidence.
Because of contributory negligence. In North Carolina the defendant may argue that the injured person also failed to use ordinary care for their own safety, and that this failure helped cause the injury. If the defendant proves it, the injured person recovers nothing, even when the defendant’s breach was far worse. N.C. Gen. Stat. § 1-139 places the burden of proving contributory negligence on the defendant.
The same reasonable-person test is used. Would a careful person have seen the spill, slowed for the intersection, or stayed off the phone in the crosswalk? This is why insurers ask injured people detailed questions about what they were doing in the seconds before a crash or fall. The contributory negligence guide explains the defense and its exceptions.

Joshua E. Palmer
Managing Partner · Joshua E. Palmer, Attorney at Law
Attorney Palmer concentrates in personal injury law and trained in North Carolina law at North Carolina Central University School of Law in Durham. This glossary explains the terms he uses with clients every day, in plain English and with the North Carolina rule that applies.
Wondering whether someone failed to use reasonable care, or whether an insurer can say that you did? Call for a free North Carolina case review.
Responsible attorney: Joshua E. Palmer, Managing Partner · 106 Moran Dr #5106, Bonaire, GA 31005 · (478) 887-3734. Attorney advertising. This page is general legal information about North Carolina law, not legal advice for your situation; contacting the firm does not create an attorney-client relationship.
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Each case is different. Any results, settlement figures, or benefit amounts described on this page depend on the specific facts of that case and do not guarantee or predict a similar outcome in yours. Statutes and benefit rates cited are current as of October 2026; confirm current law with an attorney before relying on it.