Also known as:reasonable standards of care · reasonable care · standard of reasonable care
Written by attorneys · grounded in primary & secondary sources — see below
The objective benchmark of conduct to which an actor must conform to avoid negligence liability, measured by what a reasonable person would do under like circumstances.
Sources & Authorities· 11 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Uniform Acts
Model Codes
Restatements
Study Supplements
How it applies
Common Examples
6
Landlord Repair Obligation
Riley Rivera leased an office from Riverfront Developments under a written promise that the landlord would maintain the heating system. The landlord's janitor carelessly allowed hot water to flow through the cold-water pipes. A patient visiting Riley's dental practice suffered burns when turning on the faucet. The patient sued the landlord for the resulting injuries.
Contractor Maintenance Duty
Ravi Reddy hired an independent contractor to service the loading dock at his warehouse. After the contractor finished, Reddy failed to inspect the area. A delivery driver tripped on a loose plate the contractor had left unsecured and suffered a broken leg. The driver sued Reddy for the injuries.
Buyer Care After Rejection
Rebecca Ross received a shipment of electronics from Rising Sun Electronics and rejected the goods because they failed to match the contract description. She kept the items in her climate-controlled storage facility for two weeks while awaiting pickup. A storm damaged the packaging because Ross had not covered the cartons. The seller sued Ross for failure to preserve the goods.
Trustee Administration Standard
Ralph Richardson served as trustee of a family trust holding rental properties. He failed to review the properties' insurance policies after a major storm season began. One building suffered uninsured water damage. The beneficiaries sued Richardson for breach of trust.
Self-Help Eviction Limits
Raphael Rivera remained in possession of commercial space after his lease with Raven Logistics expired. The landlord and incoming tenant used a crew to remove Raphael's equipment while he and two employees were still inside the premises. Raphael suffered minor bruises during the removal. He sued the landlord for improper self-help.
Warning Device Use
Ryan Roberts installed motion-activated floodlights around his fenced storage yard after repeated nighttime trespasses. He posted no signs and the lights activated only after an intruder had already entered the yard. A delivery driver who entered the yard at dusk to make an authorized drop-off tripped and fell when the sudden glare blinded him. The driver sued Ryan for the injuries.
Common questions
Frequently Asked
5
How does the reasonable standard of care apply when the actor has a physical disability?+
The standard remains that of a reasonable person under like circumstances, including the disability. An actor with a chronic wrist condition must still take precautions a reasonable person with that condition would recognize as necessary when handling heavy loads on a slope.
Supporting sources
Does a child's age change the reasonable standard of care?+
Yes. When the actor is a child, the standard is that of a reasonable person of like age, intelligence, and experience under like circumstances. A twelve-year-old in a crowded pool area must still recognize the danger of sudden backward movement near hot beverages.
What standard applies to a professional such as a certified food safety manager?+
The actor must exercise the skill and knowledge normally possessed by members of that profession or trade in good standing in similar communities. Approving storage practices that produce a norovirus outbreak falls below that professional standard.
Supporting sources
How does the reasonable standard of care interact with a mental deficiency?+
Mental deficiency does not relieve the actor from liability. The focus remains on whether conduct met the objective reasonable-person benchmark, regardless of an impulsive personality disorder.
Supporting sources
When does a secured party's failure to inspect after contractor work breach the reasonable standard of care?+
The secured party remains subject to liability for bodily harm if it fails to exercise the care the circumstances reasonably require to ascertain whether the land or chattel is in reasonably safe condition after the contractor's work is completed.
Supporting sources
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…
to assure their safety and by compensating them for negligently inflicted injury. We disagree. We read South v. Maryland, supra , an action brought under federal diversity jurisdiction on…
Real PropertyOwnership of real property · Landlord-tenant lawUBEIntermediate