Written by attorneys · grounded in primary & secondary sources — see below
A standard of conduct that requires a person to act as a reasonably prudent individual would when confronting the same or similar facts and circumstances. The inquiry focuses on the nature and degree of risk created by the conduct and whether the actor's response reflects the care a reasonable person would exercise in that situation.
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How it applies
Common Examples
6
Criminal Negligence in Loss Prevention
Marshall, a store loss-prevention officer, tackled a suspected shoplifter from behind and repeatedly stomped on the teenager's chest despite cries of pain and the presence of other customers. The stomping caused fatal internal injuries. Because Marshall chose immediate physical force without attempting lesser means available to him, a fact finder could conclude that he failed to exercise reasonable care under the circumstances and thereby committed criminal negligence.
Negligent Dispatch Decision
Ellie, a bus dispatcher, received an explicit report that a driver was extremely fatigued after a double shift and that icy conditions were forecast. She nevertheless directed the driver to complete the overnight route to avoid overtime costs. When the bus later skidded on ice and killed a passenger, Ellie's failure to arrange relief after the specific warning demonstrated a gross deviation from the standard of care a reasonable dispatcher would observe.
Landlord's Repair Obligation
Landlord L promised in the lease to maintain the central heating system in a building leased to dentist T. L's janitor carelessly allowed hot water to run through the cold-water pipe, scalding patient C in T's office. Because L failed to exercise reasonable care in performing the repair obligation, L is subject to liability for the physical harm caused by the disrepair.
Independent Contractor Maintenance
Owner O hired an independent contractor to repair the loading dock on commercial property O was obligated to keep safe for invitees. After the contractor finished, O failed to inspect the work even though the circumstances reasonably required verification that the dock was in safe condition. When a delivery driver was injured because the repairs were defective, O remained subject to liability for failing to exercise reasonable care in confirming the work.
Buyer's Care of Rejected Goods
Buyer B rejected a shipment of steel beams that failed to meet contract specifications and took physical possession before notifying the seller. B stored the beams in a secure warehouse rather than leaving them exposed to weather. Because B held the goods with reasonable care at the seller's disposition for a sufficient time, B satisfied the duty imposed after rejection.
Trustee Administration Standard
Trustee T managed a trust whose primary purpose was to provide income to a surviving spouse and preserve principal for remainder beneficiaries. T considered the trust terms and the beneficiaries' respective interests before deciding to retain a diversified portfolio rather than concentrating in a single high-yield stock. By administering the trust as a prudent person would under the circumstances, T satisfied the duty of reasonable care, skill, and caution.
Common questions
Frequently Asked
4
How does the reasonable-care standard differ from a gross-deviation standard in criminal negligence?+
Reasonable care under the circumstances measures conduct against what a prudent person would do in the same situation. Criminal negligence requires a gross deviation from that standard that creates a high risk of death or serious bodily harm. The same facts may satisfy the civil standard yet fall short of the criminal threshold.
Supporting sources
Does a landlord's contractual promise to repair automatically impose liability for resulting harm?+
Liability arises only when the disrepair creates an unreasonable risk that the promised repairs would have prevented and the landlord fails to exercise reasonable care in performing the contract. The mere existence of the promise is not enough without proof of the landlord's negligent performance.
Supporting sources
What must a buyer do with rejected goods to satisfy the duty of reasonable care?+
After rejection the buyer must hold the goods with reasonable care at the seller's disposition for a time sufficient to permit removal. Secure storage that protects the goods from damage or loss ordinarily satisfies the duty. Leaving them exposed does not.
Supporting sources
How does the trustee's duty of reasonable care interact with the duty of impartiality?+
A trustee must administer the trust as a prudent person would by considering the purposes, terms, and distributional requirements. This includes giving due regard to the respective interests of multiple beneficiaries when making investment and distribution decisions.
Supporting sources
s as "
reasonable care
," "due diligence," and "best interests of the child") (internal quotation marks omitted). But they must offer some kind of constraint upon a jury or court's discretion, and thus protection…
taken to identify a
standard of care
with respect to the truth of the published facts that will afford the required "breathing space" for First Amendment values. [^maj-4]: While I join in the narrow result reached by the…
in providing and maintaining the rented premises in a safe condition. ( Stoiber v. Honeychuck (1980) 101 Cal. App.3d 903, 924 [162 Cal. Rptr. 194]; Evans v. Thomason (1977) 72 Cal.…
Business Associations Corporations and LlcsFiduciary duties · Directors, officers, and shareholdersUBEIntermediate