Also known as: degrees of care · standard of care
Written by attorneys · grounded in primary & secondary sources — see below
A standard of conduct requiring an actor to exercise the level of caution that a reasonable person would observe under similar circumstances. The standard may be adjusted for the actor's age, experience, or the nature of the activity involved.
Maya directed her unlicensed apprentice to drive a modified high-performance car at high speed on public streets at night. The apprentice lost control and struck a pedestrian. Maya's authorization created the risk that resulted in the death, supporting liability for involuntary manslaughter.
Ellie received a report that a driver was fatigued after a double shift and that icy conditions were forecast. She directed the driver to proceed anyway to avoid overtime costs. The bus later skidded and overturned, killing a passenger.
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A seventeen-year-old apprentice mechanic took a repaired vehicle for a high-speed test drive on a state highway. He attempted a dangerous lane change that caused a collision injuring another motorist. The apprentice's conduct is measured against the standard for a licensed adult driver.
A defendant challenged his death sentence on equal-protection grounds after statistical evidence showed racial disparities in capital outcomes. The Court examined whether the sentencing procedures ensured sufficient safeguards against arbitrary imposition of the penalty.
State officials sought to terminate parental rights after a child suffered repeated injuries. The court assessed whether the parents had failed to provide adequate food, clothing, shelter, or supervision that would prevent imminent harm.
A patient sued a manufacturer after a pacemaker lead failed. The Court considered whether federal device regulations preempted state tort claims that would impose additional requirements beyond those set by federal law.
Children remain liable for their torts but are held to a standard that accounts for their age and experience under the traditional rule. The modern trend applies the adult reasonable-person standard when a minor engages in an adult activity such as operating a motor vehicle.
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Criminal negligence or recklessness requires a gross deviation from the standard of care a reasonable person would observe, creating a high risk of death or serious bodily harm. This level is lower than the extreme indifference needed for depraved-heart murder.
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A person acts negligently when he should be aware of a substantial and unjustifiable risk and his failure to perceive it constitutes a gross deviation from the standard of care a reasonable person would observe in the actor's situation.
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…concluded that the States could constitutionally allow private individuals to recover damages for defamation on the basis of any standard of care except liability without fault. MR. JUSTICE MARSHALL dissented in Rosenbloom in an opinion joined by MR. JUSTICE STEWART. Id., at 78 . He thought that the plurality's "public or general…