Also known as:reasonable care under the circumstances · reasonable person standard · standard of care
Written by attorneys · grounded in primary & secondary sources — see below
A flexible standard of conduct requiring an actor to exercise the degree of care that a reasonably prudent person would exercise in the same situation. The standard evaluates the actor's conduct by considering the nature and purpose of the activity, the known circumstances, and the magnitude of the risk created.
Sources & Authorities· 4 primary sources
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Cases
Model Codes
Common Law
Restatements
Study Supplements
How it applies
Common Examples
3
Dispatcher Directs Fatigued Driver
Ellie, a bus company dispatcher, receives a call from a driver reporting extreme fatigue after a double shift and an icy forecast. She directs the driver to complete the overnight route anyway to avoid overtime costs. The bus later skids on ice and kills a passenger. Ellie's decision is measured against the standard of reasonable care under all of the circumstances, including the explicit safety warnings she received.
Consultant Omits Safety Protocols
Chef Brian, a paid consultant redesigning kitchen workflows, installs layouts that omit standard allergen protocols used by comparable restaurants. Multiple patrons later suffer illnesses. Brian's work is judged by whether he exercised reasonable care under all of the circumstances, taking into account his compensation and the locality's prevailing standards for the task.
Apprentice Performs Test Drive
A seventeen-year-old apprentice mechanic employed by an auto dealer takes a repaired vehicle on a high-speed test drive on a state highway and causes a multi-car collision. The injured motorist sues. The apprentice's conduct is evaluated under the standard of reasonable care under all of the circumstances. Because the activity is one routinely performed by licensed adults, the modern trend applies an adult standard rather than an age-adjusted one.
Common questions
Frequently Asked
4
How does the standard of reasonable care under all of the circumstances differ from a fixed rule of conduct?+
The standard requires evaluation of the actor's conduct by reference to what a reasonably prudent person would do in the same situation, taking into account the nature of the activity, known circumstances, and the risk created. Courts apply it on a case-by-case basis rather than imposing a categorical prohibition or mandate.
Supporting sources
Does the standard change when a minor engages in an adult activity?+
The traditional rule adjusts the standard for a minor's age and experience. The modern trend applies an ordinary adult standard when the minor performs an activity routinely done by licensed adults, such as operating a motor vehicle on a public highway.
Supporting sources
What role does the standard play in distinguishing negligence from recklessness in homicide cases?+
Negligence under the standard occurs when the actor should have been aware of a substantial and unjustifiable risk that a reasonable person would have perceived. Recklessness requires conscious disregard of that risk. The same underlying facts can support either classification depending on the actor's awareness.
Supporting sources
How is the standard applied to a condominium association managing common property?+
The association must exercise ordinary care and prudence in handling both physical common property and financial assets under its control. This includes making prudent investment decisions and not unreasonably endangering residents by deferring critical safety maintenance.
Supporting sources
Family LawParent, child, and state · Legal disabilities of childhoodUBEIntermediate