Also known as: reasonably prudent person · reasonable and prudent person · reasonably prudent man · reasonable person · objective standard
Written by attorneys · grounded in primary & secondary sources — see below
The objective standard of conduct to which an actor is held when determining negligence or criminal negligence. It requires the degree of care that a person of ordinary prudence would exercise under the same or similar circumstances.
Roger Ramirez drove his truck at high speed through a residential neighborhood while texting. He struck and killed a pedestrian who was crossing at a marked crosswalk. The prosecution charged Roger with involuntary manslaughter on the theory that his conduct constituted criminal negligence.
Rhea Reynolds told her business partner that she had diverted corporate funds to a personal account. She made the admission during a recorded meeting while aware that the statement could expose her to civil and criminal liability. The partner later sought to introduce the statement at trial after Rhea became unavailable.
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Riley Rivera left a loaded handgun on a kitchen table within reach of visiting children. One child picked up the gun and accidentally shot another child. Prosecutors charged Riley with negligent homicide, alleging that any reasonable person in her position would have recognized and avoided the substantial risk.
Robert Rivera, a sitting judge, agreed to serve as a paid consultant for a company that regularly appeared before his court. The arrangement became public and prompted a disciplinary complaint alleging that the conduct would appear to a reasonable person to undermine judicial impartiality.
Rosa Ruiz told a prospective buyer that the roof of her house was brand new and free of leaks. In reality the roof had required repeated repairs. The buyer relied on the statement when signing the purchase contract and later discovered extensive water damage.
Raymond Ramos, age nine, rode his bicycle down a steep hill at dusk without using the brakes or lights. He collided with a pedestrian on the sidewalk. The pedestrian sued, and the court measured Raymond's conduct against the standard of a reasonable child of the same age, intelligence, and experience.
In civil negligence the standard measures ordinary care. Criminal negligence requires a gross deviation from the standard that a reasonable person would observe, creating a high risk of death or serious bodily harm.
Yes. When the actor is a child the standard becomes that of a reasonable person of like age, intelligence, and experience under like circumstances rather than an adult standard.
A misrepresentation is material if it would be likely to induce a reasonable person to manifest assent or if the maker knows it would be likely to induce the recipient to do so.
A statement is against interest when a reasonable person in the declarant's position would have made it only if the person believed it to be true because it was so contrary to the declarant's proprietary or pecuniary interest or exposed the declarant to civil or criminal liability.
A judge may not participate in activities that would appear to a reasonable person to undermine the judge's independence, integrity, or impartiality.
…questions that are presented by the constantly increasing power of science to keep the human body alive for longer than any reasonable person would want to inhabit it. The States have begun to grapple with these problems through legislation. I am concerned, from a proper judicial perspective, that we should not place additional…