{"id":352983,"date":"2016-04-04T10:46:31","date_gmt":"2016-04-04T15:46:31","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/accident-injury-law\/standards-of-care-and-the-reasonable-person.html"},"modified":"2025-10-20T11:04:21","modified_gmt":"2025-10-20T16:04:21","slug":"standards-of-care-and-the-reasonable-person","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/accident-injury-law\/standards-of-care-and-the-reasonable-person.html","title":{"rendered":"Negligence and the ‘Reasonable Person’"},"content":{"rendered":"\n
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Negligence and the 'Reasonable Person'<\/h1>\n\n
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\n By Ty McDuffey, J.D.<\/a> | Legally reviewed by Katrina Wilson, Esq.<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

The “reasonable person” standard is a legal test that helps determine whether someone was negligent in a personal injury case. If a person acted reasonably, but an accident still happened, they may be less likely to be liable for the injury. A person who acted unreasonably is more likely to be found negligent.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

No one is perfect. Accidents happen to the best of us. But if someone didn’t take reasonable steps to prevent an accident, they may be legally responsible for the consequences. To be negligent is to act, or fail to act, in a way that causes injury to another person.<\/p>\n

If you suffered a serious injury, you can use the protections of personal injury law to support your physical, mental, and financial recovery. You can file a personal injury claim to seek compensation from the negligent person or their insurance company, depending on the case.\u00a0<\/p>\n

A successful injury claim must prove all the elements of negligence. You can get a case review from a local personal injury lawyer<\/a> to see whether you have a valid claim.<\/p>\n

Part of this process often involves the reasonable person standard. This article explains the definition of a reasonable person and how it applies in various types of injury cases.<\/p>\n

When Are Accidents Another Person’s Fault?<\/h2>\n

What separates a common accident from an act of negligence is the “standard of care<\/a>” required in a given situation. By neglecting the proper standard of care for a given situation, an individual may be found liable for the plaintiff’s injuries.<\/p>\n

For example, a motorist must exercise the same level of care that a “reasonable person<\/a>” would in the same situation. This includes obeying traffic laws and paying attention to pedestrians and other drivers.<\/p>\n

If a severely nearsighted driver forgets to wear their\u00a0glasses, runs a red light, and gets in a car accident with a jaywalking pedestrian, they\u00a0would be considered negligent. A reasonable nearsighted person would not drive without glasses or contacts. They would understand the risk of motor vehicle accidents.<\/p>\n

The Element of “Legal Duty” in Negligence<\/h2>\n

In a negligence lawsuit, the injured party must prove that the defendant had a “legal duty” towards them. This duty can be a responsibility to act or refrain from acting in a certain way.<\/p>\n

For instance, a driver has a legal duty to obey traffic rules and not cause harm to other road users. A doctor has a duty to provide competent medical care to their patients. If a defendant fails to fulfill their legal duty, and the defendant’s actions result in harm to another party, they can be held responsible for negligence.<\/p>\n

What Does a “Reasonable Person” Mean in Injury Claims?<\/h2>\n

The so-called “reasonable”\u00a0person\u00a0in personal injury law focuses on how a typical person, with ordinary prudence, would act in certain circumstances. The test as to whether an individual has acted as a reasonable person under this area of law is an objective one. It doesn’t take into account the specific abilities of a defendant. Thus, even a person who has low intelligence or is chronically careless is held to the same reasonable care standard as a more careful person or a person of higher intelligence.<\/p>\n

A jury generally decides whether a defendant has acted as a reasonable person would have acted, in addition to the other\u00a0elements of a negligence case<\/a>. In making this decision during a personal injury lawsuit, the jury generally considers the defendant’s conduct in light of what the defendant actually knows or should have reasonably known, experienced, or perceived.<\/p>\n

For example, one may consider a defendant working on a loading dock and tossing large bags of grain onto a truck. While doing this, the defendant notices two children playing near the truck. The defendant continues to throw bags\u00a0toward the truck and strikes one of the children.<\/p>\n

In this instance, a jury would take into account the\u00a0defendant’s actual knowledge<\/a>\u00a0that children were playing in the area when determining whether the defendant acted reasonably under the circumstances. The defendant would be liable for negligence if the defendant owed a duty of care to the injured plaintiff.<\/p>\n

A jury also considers knowledge that should be common to everyone in a particular community. Accordingly, the defendant in the example above would be responsible for knowing that a bag of grain could injure a child. They would also be responsible for knowing the natural propensities of children.<\/p>\n

Tort Law and Negligence<\/h2>\n

Tort law<\/a>\u00a0deals with situations where a person’s behavior has unfairly caused someone else to suffer loss or harm. In the realm of torts, negligence is a significant aspect.<\/p>\n

Negligence is a mode in which many types of injuries can occur. Most personal injury cases are based on negligence, whether they involve:<\/p>\n