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Torts • Negligence
TORT#030
Legal Definition
Generally, all persons owe a duty to act with the ordinary care of a reasonably prudent person.
Plain English Explanation
"What would a reasonably prudent person do?" is one of the most common questions you will ask yourself in law school. A "reasonably prudent person" is a person who always makes the reasonable, prudent choice in every circumstance. Every second, of every day, the reasonably prudent person is acting reasonably prudent. However, there is a difference between being "reasonably prudent" and "a person who avoids all risk".
For example, a reasonably prudent person would not set boiling hot coffee on the edge of a baby's crib. After all, a gentle bump would result in a significant risk of harm to the child. However, a reasonably prudent person doesn't have to avoid ever drinking hot coffee around a child simply because it would eliminate any risk of burns.
So while the reasonably prudent person is an ideal type of person, they are not the perfect person. This is "What Would a Reasonably Prudent Person Do?" not "What Would Jesus Do?"
For example, a reasonably prudent person would not set boiling hot coffee on the edge of a baby's crib. After all, a gentle bump would result in a significant risk of harm to the child. However, a reasonably prudent person doesn't have to avoid ever drinking hot coffee around a child simply because it would eliminate any risk of burns.
So while the reasonably prudent person is an ideal type of person, they are not the perfect person. This is "What Would a Reasonably Prudent Person Do?" not "What Would Jesus Do?"
Related Concepts
In assessing negligence per se, when is breach excused?
In assessing negligence, what duty of care is owed by bailees?
In assessing negligence, what duty of care is owed by children?
In assessing negligence, what duty of care is owed by common carriers and innkeepers?
In assessing negligence, what duty of care is owed by landowners to discovered or anticipated trespassers?
In assessing negligence, what duty of care is owed by landowners to invitees?
In assessing negligence, what duty of care is owed by landowners to lessees?
In assessing negligence, what duty of care is owed by landowners to licensees?
In assessing negligence, what duty of care is owed by landowners to those off premises?
In assessing negligence, what duty of care is owed by landowners to undiscovered trespassers?
In assessing negligence, what duty of care is owed by professionals?
In assessing negligence, what duty of care is owed during emergencies?
In assessing negligence, what is actual causation and what three methods may be used to determine it?
In assessing negligence, what is a proximate cause?
In assessing negligence, what is negligence per se?
In assessing negligence, what is the but for test?
In assessing negligence, when does breach occur?
In assessing negligence, when do you determine whether a cause was a substantial factor in causing the injury?
In assessing negligence, when do you determine whether there are alternative causes to the injury, and what is the result?
In assessing negligence, when is a duty of care owed?
In assessing negligence, when is there a duty to act?
In assessing proximate causation, what is the relationship between foreseeability, direct causation, and indirect causation?
What damages are available for negligence actions?
What is an attractive nuisance, and how is a claim established?
What is negligence?
When is a lessor liable for dangerous defects on their property?
