Reasonable Person Standard

Front 1

Hand Formula

Back 1

Hand Formula-failure to take precautions that would generate greater benefits in avoiding accidents than the precautions would cost.

Front 2

B<PL

Back 2

Cost of precaution (B) and the product of the probability (P) and magnitude (L) of harm resulting from the accident.

When B<PL, actor should be held liable.

Front 3

Especially Dangerous Instrumentalities

Back 3

The level of care increases with the level of danger.

Standard is still RPS

Front 4

Emergencies

Back 4

A person confronted with a sudden emergency that deprives them of a time to contemplate the best reaction cannot be held to the same standard of care as one who has time to deliberate.

Courts moving away from this.

Front 5

Special Knowledge and Skill:

Back 5

Existence of knowledge and skills superior to that of an ordinary person will demand conduct consistent therewith.

Skills part of RPS consideration

Front 6

Special treatment for minors:

Back 6

In considering negligence of a child, it is the duty of a child to exercise the same care that a reasonably careful child of the same age and experience would.

Adult activity=Adult RPS

Front 7

Physical Disability

Back 7

In determining liability, courts consider what is a reasonable way for someone with that disability to act

Front 8

Mental Disability

Back 8

Standard of care is STILL reasonably prudent person under the circumstances

Front 9

Recklessness

Back 9

Intentional or unreasonable disregard of a risk that presents a High degree of probability (extremely likely) that substantial harm (death or grave bodily injury) will result to another

Front 10

Elements of Recklessness

Back 10

DLH

1. Disregard-intentional or unreasonable

2. Likelihood-high probability

3. Harm-death or grave bodily injury