Comparative law notes
This German tort concept of Verkehrssicherungspflicht tracks many of the same principles that buttress the "duty of care" element under the common law of tort (specifically the elements of "negligence"). A common law duty of care shares the same function as the German concept of "Verkehrssicherungspflicht": both are intended to require that individuals interact with one another while exercising due care. However, the German standard is subjective, and the common law standard here is objective (the ubiquitous "reasonable man"?). Moreover, the German concept focuses on a narrower range of activities involving limiting and minimizing dangers to third parties. The effect on the general duty of care in a common law context is far broader than the Verkehrssicherungspflicht under German law. Thus, we would recommend using the neologism set forth below, particularly when the context suggests that this German term is at the heart of the discussion. It is a long and cumbersome phrase, but quite descriptive. In the alternative, we suggest using the neologism the first time the German term appears in the text and then shorten it to "duty of care".
