J385: Communication Law Home Page


 

Negligence

Oregon:

"Failure to exercise the degree of care which a person of ordinary prudence would exercise under the same circumstances."

 


Bank of Oregon v. Independent News 298 Ore. 434; 693 P.2d 35; 11 Media L. Rep. 1313 (OR. 1985)

The standard of care for those allegedly defamatory statements that require proof of negligence should be ordinary negligence, neither gross negligence... nor the care of a reasonably prudent, careful and skillful journalist...

[The] comparison of defendant's conduct to a community standard is but one factor in determining whether the standard of care has been met. It remains possible that behavior which conformed to local practice would nevertheless be negligent.

 


Examples of Negligence Standards in other states:

Washington - "reasonable care"

Tennessee - "reasonably prudent person"

 

 

 

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