CM
Answered
What is the reasonable person standard? How is it applied to each of the following types of people?
a. Children
b. Persons with physical disabilities
c. Persons who are mentally retarded
d. Professional people with advanced degrees and training, such as doctors, lawyers, and accountants
e. Persons acting in emergency situations
f. Persons who violate statutory duties
On May 23, 2024
The "reasonable person" is a fictitious individual who is always careful and prudent and never negligent. The reasonable person is a standard of conduct which is external and objective.
a. Children must conform to the standard of a reasonable person of like age, intelligence, and experience under like circumstances.
b. The standard is that of a reasonable person under like disability.
c. A mentally retarded person is held to the standard of conduct of a reasonable person who is NOT mentally deficient.
d. Persons who practice a profession are held to the same care and skill normally possessed by members of their profession
e. Emergencies are taken into consideration.
f. If the statute is found to be applicable, the majority of courts hold that an unexcused violation is negligence per se ; that is, it is conclusive on the issue of negligent conduct.