Also known as:reasonably careful · due care · ordinary care
Written by attorneys · grounded in primary & secondary sources — see below
The degree of caution and concern for safety that an ordinarily prudent person would exercise under the circumstances. This standard measures conduct against what a reasonably prudent person would do rather than average behavior.
Sources & Authorities
How it applies
Common Examples
6
Agent's Duty to Verify Labels
Angela served as purchasing manager for Coastal Food and regularly inspected seafood deliveries. When she noticed ambiguous species labels on boxes from Gold Restaurant, she took no further steps to confirm the contents despite her industry experience. The restaurant later faced losses from misidentified fish and allergen issues. Angela's failure to investigate further shows she did not apply the knowledge and care a person of ordinary experience would use in performing her duties.
Landlord's Repair Obligation
Pine Play leased a training facility to Stone Peak. The lease required Pine Play to keep the locker rooms in repair. Mold developed in the locker rooms after the lease began and created an unreasonable risk of harm to the team. Pine Play failed to exercise reasonable care to perform its repair obligation, resulting in the team vacating the premises.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Uniform Acts
Model Codes
Restatements
Study Supplements
Dictionaries
Maintenance Contractor Oversight
Royal Crest Hotels hired an independent contractor to repair the fire-suppression system in its kitchen. After the contractor completed the work, the hotel failed to inspect the system as the circumstances reasonably required. A guest suffered injury when the system malfunctioned during a fire. The hotel's failure to verify the repair left it subject to liability for the resulting harm.
Manufacturer's Duty to Users
Radiant Technologies manufactured a server rack and sold it to a distributor. Rowan Russell purchased the rack from the distributor and suffered injury when a defect caused it to collapse. The absence of direct contractual privity with Radiant Technologies did not shield the manufacturer. Radiant Technologies owed Rowan a duty of due care because it was foreseeable that users would be injured by the defective product.
Buyer's Care of Rejected Goods
Regal Apparel ordered fabric from a supplier and took physical possession before inspecting it. Upon discovering defects, Regal rejected the goods and notified the supplier. Regal then stored the fabric in a climate-controlled area for a reasonable time to allow the supplier to retrieve it. Regal's actions satisfied its duty to hold the rejected goods with reasonable care at the seller's disposition.
Trustee's Prudent Administration
Roberto Reyes served as trustee of a family trust holding investment property. He considered the trust's purposes and distributional requirements when deciding whether to sell a parcel. Roberto exercised reasonable care, skill, and caution by obtaining an independent appraisal and consulting beneficiaries before acting. His conduct met the standard of a prudent person administering a comparable trust.
Common questions
Frequently Asked
4
How does reasonable care differ from average care in negligence analysis?+
Reasonable care is measured by what a reasonably prudent person would do under the circumstances rather than what average people actually do. The standard focuses on what people reasonably ought to do, not on statistical averages that may fall below prudent conduct.
Does reasonable care require a land possessor to make premises safe for known trespassers?+
A land possessor must conduct active operations with reasonable care for the safety of known or anticipated trespassers. The duty arises once the possessor has reason to know trespassers are present in a particular area and requires avoiding new risks through ongoing activities.
When does a secured party breach the duty of reasonable care over collateral?+
A secured party breaches when it fails to take precautions a reasonable custodian would take given the specialized nature of the collateral. Placing unique equipment in an unsuitable environment that foreseeably damages it can constitute a breach even if the secured party followed its ordinary procedures.
What standard applies to a gratuitous agent performing a task?+
A gratuitous agent must act with the care and skill required of persons who are not agents when performing similar undertakings. The informal and voluntary context of the assistance can lower the applicable standard to that of an ordinary non-professional rather than a trained expert.
32 N.J. 358, 161 A.2d 69 (1960)Torts
…of warranty against defective parts or workmanship which caused personal injuries would entitle a buyer to damages even if due care were used in the manufacturing process. Because of the great potential for harm if the vehicle was defective, that right is the most important and fundamental one arising from the…