Posted on behalf of Arnold Law Firm
on May 29, 2024 in Auto Accident
Updated on June 13, 2024
The reasonable person standard is a key legal concept used in personal injury claims. This concept is very useful to injured victims and their attorneys, who have the burden of proving the other party’s negligence. In complex personal injury cases, the reasonable person standard provides insight that helps juries and judges determine whether a defendant could have reasonably prevented harm to the victim.
In this article, Arnold Law Firm explains what the reasonable person standard is in an injury claim. We also discuss how this legal tool helps provide clarity on whether negligence occurred.
Were you injured by another party’s negligence in California? If so, we encourage you to contact our firm for a free case review. You may be eligible to recover compensation for your medical costs and other losses.
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The reasonable person standard is a legal concept. Attorneys use this in a personal injury lawsuit to set a benchmark. The benchmark is a hypothetical person placed in similar circumstances as the defendant. The comparison raises the question about whether that hypothetical individual would have acted the same as the defendant.
The reasonable person standard is used in a personal injury lawsuit to determine if the defendant acted negligently. This standard is applied in various scenarios:
In each case, the court compares the defendant’s actions to those of a hypothetical reasonable person to decide if they were negligent and thus liable for the plaintiff’s injuries.
If the attorney for the plaintiff is successful, then the defendant can be held liable for the victim’s damages. If the attorney is unsuccessful, then the defendant would be released from being responsible for the victim’s medical costs and other losses.
The court, including the lawyers, judge, and/or jury, will evaluate the accused driver’s actions against those of a hypothetical “reasonable person” to determine if the driver acted responsibly.
Here is a real-world example of how the reasonable person standard could impact your injury claim:
The defendant allegedly crashed into a cyclist crossing at a designated crossing area while texting and looking at his phone.
Questions that might be asked in this situation include:
Answering yes to any of these questions would likely show that the person could have foreseen the potential danger and acted appropriately. A reasonable person in this situation would not have been texting while driving.
Some professionals, like doctors or engineers, may be held to a higher standard of care in certain situations. For instance, a doctor would be expected to properly monitor a patient who has just had surgery.
All drivers owe a duty of care to reasonably prevent causing harm to others, such as by following traffic laws or not driving while impaired. Store owners would ensure spills are cleared away quickly or place signs to warn shoppers of the hazard.
Some individuals are not held to the same standard of care, however, including:
You do not need an attorney to establish the reasonable person standard in an injury claim. However, having one is highly beneficial. Here’s why:
In short, while not mandatory, an attorney can greatly enhance your chances of a successful injury claim. Their expertise and support are invaluable.
At Arnold Law Firm, our knowledgeable personal injury lawyers in Sacramento are committed to helping the injured. We have decades of experience with many types of injury cases and have a history of proven results – we have recovered millions in compensation for our clients.
Need legal help but unsure where to start? Our firm offers a free initial case review to discuss your situation and determine your potential legal options. If you have a case and choose our Sacramento personal injury law firm to represent you, there are no upfront costs to pay. We only get paid if you do.
Call our trusted law firm 24/7. We are here to help you. (916) 777-7777
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