MUJI 2d CV501

A[n] [architect] [landscape architect] [engineer] [land surveyor] is required to use the same degree of learning, care, and skill ordinarily used by other [architects] [landscape architects] [engineers] [land surveyors] under like circumstances. This is known as the "standard of care." The law does not require perfect [plans/drawings/services] or satisfactory results but rather requires compliance with the standard of care.

[The "applicable standard of care" is the standard of care existing at the time of [name of defendant]'s services and in the same or similar locality as where [name of defendant]'s services were performed.]

The failure to follow the standard of care is a form of fault known as "professional malpractice." [Name of defendant] is a[n] [architect] [landscape architect] [engineer] [land surveyor]. To establish professional malpractice by [name of defendant], [name of plaintiff] has the burden of proving three things:

(1) what the standard of care is;

(2) that [name of defendant] failed to follow this standard of care; and

(3) that this failure to follow the standard of care was the cause of [name of plaintiff]'s harm.

In this case, [name of plaintiff] alleges that [name of defendant] failed to follow the standard of care in the following respects:

(1)

(2)

(3)

If you decide that [name of defendant] failed to follow the standard of care in any of these respects, then you must determine whether that failure was the cause of [name of plaintiff]'s harm and, if so, the amount of the harm.