Also known as: ordinary reasonably prudent person · reasonably prudent person · ordinary prudent person · reasonable person · prudent person · reasonable man · objective standard
Written by attorneys · grounded in primary & secondary sources — see below
A hypothetical individual whose conduct represents the objective standard of reasonable care under the circumstances. The standard measures whether a defendant has acted with ordinary care or has deviated grossly enough to support criminal negligence or other liability.
Evan, an unlicensed insurance adjuster, agrees to fix a cracked gas line for homeowner Carla using only tape and scrap tubing. A week later the line leaks and explodes, killing neighbor Nora. Because Evan undertook a dangerous task without training and chose a method far below what a reasonable person would accept, his conduct meets the gross deviation required for criminal negligence.
After a warehouse fire, owner Owen tells his insurer that he had previously falsified inventory records to hide losses. A reasonable person in Owen's position would make that admission only if he believed it true, because the statement exposes him to civil liability for insurance fraud.
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Otto stores crates of dynamite in a residential garage without permits or safety barriers. When a child ignites one crate, the resulting blast injures several neighbors. Otto's failure to perceive the obvious risk constitutes negligence because it is a gross deviation from the care a reasonable person would exercise in the same situation.
Judge Olga serves on the board of a nonprofit that lobbies for stricter sentencing laws. A reasonable person would view her active fundraising and public speeches on behalf of the group as undermining the appearance of judicial impartiality in criminal cases.
Seller Odessa tells buyer Oriana that the roof is only five years old when she knows it is twenty years old. Because a reasonable person would likely rely on that statement in deciding to purchase the home, the misrepresentation is material and supports a claim for rescission.
Driver Olivia fails to stop at a clearly marked intersection and collides with pedestrian Owen. A reasonable person in the same circumstances would have seen the sign and stopped, so Olivia's conduct falls below the required standard of care.
The standard is objective. It measures the defendant's conduct against what a hypothetical reasonable person would have done, not against the defendant's own beliefs or abilities.
Criminal negligence requires a gross deviation that creates a substantial and unjustifiable risk of death or serious bodily harm, a higher threshold than ordinary civil negligence.
Yes. Courts use the same objective lens to decide whether a statement would induce a reasonable person to assent in contract cases and whether a judge's conduct would appear to undermine impartiality to a reasonable observer.
…Florida Lime & Avocado Growers, Inc. v. Paul , 373 U. S. 132, 146 (1963). While it is doubtful that any State, or indeed any reasonable person, would argue that it is wise policy to allow students to carry guns on school premises, considerable disagreement exists about how best to accomplish that goal. In this circumstance, the…