Also known as: reasonable persons · reasonable-person · reasonable man · objective standard
Written by attorneys · grounded in primary & secondary sources — see below
A hypothetical person used as an objective legal standard to evaluate conduct. The standard measures whether an actor's failure to perceive a risk or to act in a particular way constitutes a gross deviation from the care that would be exercised under like circumstances.
Roberto Reyes left a loaded rifle unattended on a crowded apartment balcony while hosting a party. A guest picked up the weapon and it discharged, killing a neighbor below. Prosecutors charged Reyes with involuntary manslaughter. The jury measured his conduct against the reasonable person standard and found that leaving a loaded firearm accessible in that setting created a high risk of death that a reasonable person would have avoided.
Ryan Roberts told a friend that he had hidden company funds in an offshore account. The friend later repeated the statement at trial after Roberts became unavailable. The court admitted the statement because a reasonable person in Roberts's position would have made it only if he believed it true, given its tendency to expose him to civil and criminal liability.
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Rosalind Reed stored flammable chemicals in an unventilated basement near a space heater. The chemicals ignited and caused a fatal explosion. Charged with negligent homicide, Reed argued she did not realize the risk. The court applied the Model Penal Code definition and asked whether her failure to perceive the danger constituted a gross deviation from the standard of care a reasonable person would observe in her situation.
Raphael Rivera, a sitting judge, accepted a paid speaking engagement from a law firm that regularly appeared before him. The judicial conduct commission evaluated whether a reasonable person would view the arrangement as undermining the judge's impartiality. The commission concluded that the appearance of favoritism violated the rule even though Rivera believed the engagement was innocuous.
Riley Rivera sold a used car to Rebecca Ross and stated that the vehicle had never been in an accident. In fact, the car had sustained significant frame damage that Rivera knew about. Ross later discovered the prior damage. The court held the misrepresentation material because it would likely have induced a reasonable person to manifest assent to the purchase.
Rocky Mountain Mining left an open excavation pit without barriers or warnings near a public trail. A hiker fell in and was injured. The company defended on the ground that its employees had not foreseen the risk. The court instructed the jury that the company was required to conform its conduct to that of a reasonable person under like circumstances, and the jury found the failure to secure the site negligent.
The standard remains objective but incorporates circumstances known to the actor. An actor with specialized training or knowledge is measured against what a reasonable person possessing that training or knowledge would do in the same situation.
Apparent consent exists when a person's words or conduct would lead a reasonable person to believe consent has been granted. The inquiry focuses on objective manifestations rather than the plaintiff's unexpressed subjective intent.
Criminal negligence requires a substantially greater deviation from the conduct of a reasonable person than the level of negligence that suffices for civil liability. The risk must be of such a nature and degree that the actor's failure to perceive it involves a gross deviation from the standard of care.
A misrepresentation is material if it would be likely to induce a reasonable person to manifest assent, or if the maker knows that it would be likely to induce the recipient to do so.
…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…