Reasonable Person Standard Flashcards
What is the reasonable person standard?
The standard of care owed to a plaintiff is one of a reasonably prudent person under the circumstances.
This is an objective measure.
Defendant is presumed to have average intelligence.
How are physical disabilities factored into the reasonable person standard?
Physical disabilities are taken into account. For example, a blind person will be held to the standard of a reasonably prudent blind person under the circumstances.
How is intoxication factored into the reasonable person standard?
Intoxicated people are held to the same standard of care as a sober person unless the intoxication was involuntary.
How are community customs factored into the reasonable standard of care?
Community customs may be relevant but are not dispositive
