The standard to prove negligence is to compare the defendant’s actions against the actions of a reasonable person. In legal terms, this is called the reasonable person standard.
How to Apply The Reasonable Person
Standard
The reasonable person standard offers a guideline for holding people accountable for negligence while also allowing for the fact that accidents can happen. Even a reasonable person will make mistakes from time to time. Even a reasonable person will not have all the information they need to make a decision.
The reasonable person standard is applied consistently to all people in an objective rather than subjective manner. When the court asks the jury how a reasonable person would have acted in the same situation, it is asking for the jury to consider:
- The information the defendant had available to them
- The circumstances surrounding the incident in question
- Any duty of care that the defendant may have owed
- Legal and societal expectations and behaviors
It is worth noting that the law does not take into account the defendant’s skill level or expertise when determining negligence. It will always presume a reasonable skill level. In some cases, the court may take into account the mental capacity of the defendant when applying the reasonable person standard. But, if the defendant did not have the mental capacity to realize their actions were a crime, they may be better off using an insanity defense.
For example, if the lawsuit is regarding an injury following a car accident, the reasonable person standard may be applied to determine if the defendant was negligent. Let’s say the defendant ran a red light and caused a car accident. A reasonable person would stop for a red light and stop if it was safe to do so for an amber light, so the defendant, in this case, would be found negligent. This would be the case even if the driver was a beginner driver.
Children Are Not Held To The Reasonable Person Standard
Children have a modified reasonable person standard that takes into account what is reasonably expected for someone their age and their circumstances to know. This is because children would not have the experience and knowledge to act in the same way an adult would be expected to act.
In certain situations, like driving, that require adult-like maturity, then children may be held to the reasonable person standard.