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What Is the Reasonable Person Standard in Personal Injury?

Home  >  Blog  >  What Is the Reasonable Person Standard in Personal Injury?

December 1, 2024 | By Hach & Rose, LLP
What Is the Reasonable Person Standard in Personal Injury? What Is the Reasonable Person Standard in Personal Injury_ Image When it comes to describing the reasonable person standard, it is important to understand that this is a guideline that is used to evaluate behavior in personal injury cases. It imagines an individual who acts carefully, responsibly, and thoughtfully in everyday situations. This guideline is then used to determine who would fit the term “reasonable person” under the law. The standard asks whether the actions of the evaluated individual align with how a reasonable person would have acted under similar circumstances. For example, take a driver who ran a red light and caused an accident. A reasonable driver would stop at the red light, understanding the potential risk of harm to others. When someone’s actions fall short of what a reasonable person would do, they may be found negligent. This negligence can make them legally responsible for any injuries or damages their actions caused.

Why the Standard Matters in Personal Injury Cases

The reasonable person standard test helps decide if someone’s actions, or lack of actions, caused harm. Courts use it to answer questions like:
  • Did the person act responsibly, given the situation?
  • Could their actions have prevented the injury?
  • Did they ignore potential risks?
For instance, if a store owner knows about a wet floor but doesn’t sign a warning, they’re not meeting the standard of reasonable care. A reasonable store owner would clean up the spill or warn customers to avoid the area.

How Courts Apply the Reasonable Person Test

The reasonable person test doesn’t demand perfection. It is based on practicality and common sense. Courts understand that people can’t foresee every possible outcome, but they do expect individuals to exercise reasonable caution in their actions. When evaluating a case, courts consider:

The Circumstances

What was happening at the time of the incident? The court considers the specific situation to determine if the conditions require extra care. For example, driving in heavy rain demands slower speeds and increased attention due to poor visibility and slick roads. Ignoring these risks may show a lack of reasonable judgment.

The Person’s Role

What responsibility did they have, such as being a driver, property owner, or medical professional? A person’s role defines their duty of care, which sets the standard for reasonable actions. For example, a property owner must fix hazards to protect visitors, while a driver must obey traffic laws and remain vigilant. Neglecting these duties can lead to harm and legal consequences.

Foreseeability

Could they reasonably predict that their actions might cause harm? Courts examine whether a reasonable person in the same situation would have anticipated the risk. For example, leaving a broken step unrepaired creates a clear danger of someone falling and getting hurt, making it foreseeable and negligent. For example, a pedestrian distracted by their phone may enter traffic unexpectedly. A reasonable driver would stay alert and slow down to avoid an accident. However, if the driver was texting instead, they would fail to meet the standard of a reasonable person and may be held liable for the harm caused.

Why You Need Legal Guidance

If you have been injured because someone failed to act responsibly, proving they didn’t meet the reasonable person standard can be challenging. Insurance companies often push back, claiming the other person’s actions were acceptable. That’s where Hach & Rose, LLP can make a difference. Our team knows how to build a strong case that clearly shows where the other party failed to act with reasonable care. We gather evidence for you and handle negotiations with the insurance company. We work with you at every step, so you do not have to go through the legal process alone. With our experience and dedication, we work to secure the compensation you deserve, allowing you to focus on your recovery. You do not have to face this difficult situation by yourself. Let our team at Hach & Rose, LLP support you every step of the way. Contact us today to learn how we can help.

Examples of the Reasonable Person Standard in Real Life

What Is the Reasonable Person Standard in Personal Injury_ Image 2The reasonable person standard is often applied to evaluate whether someone acted responsibly in a given situation. Below are a few scenarios that demonstrate how this standard is used to determine accountability.

Car Accidents

A driver speeds through a school zone, disregarding the safety of children crossing the street. A reasonable driver would slow down and obey the speed limit to avoid putting anyone in danger. Ignoring this duty of care increases the risk of harm and could make the driver liable for an accident. Contact a New York car accident attorney if you ever fall victim to this.

Medical Negligence

A doctor fails to diagnose a condition because they skipped essential tests or procedures. A reasonable doctor would follow standard practices to identify and treat the issue. When medical professionals neglect these steps, it can result in serious harm to the patient, making them accountable for their negligence. A medical malpractice lawyer from New York can help in this case.

Slip-and-Fall Incidents

A property owner fails to remove ice from a sidewalk, leaving it dangerously slippery. A reasonable property owner would address the hazard by clearing the ice or placing warning signs to prevent accidents. Neglecting this responsibility can lead to injuries and potential liability for the owner In each of these cases, the actions of the person involved are compared to what a reasonable person would have done. This comparison often determines negligence and where the fault is. Call a New York slip-and-fall attorney for advice.

Why Acting Quickly Matters

Taking action soon after an injury is crucial for protecting your rights. Evidence such as photographs, surveillance footage, or witness accounts can be lost or become less reliable as time passes. By contacting Hach & Rose, LLP, you give us the opportunity to act quickly and secure the critical details needed to strengthen your case.

Contact Our Personal Injury Lawyers Today

When someone else’s carelessness causes harm, the law expects them to act like the imaginary reasonable person. If they don’t, you may have the right to seek compensation. Our law firm is committed to guiding you through this process, answering your questions, and fighting for the best possible outcome. You can reach the New York personal injury lawyers at Hach & Rose, LLP by calling 212-779-0057 or contacting us online now to get started with a free consultation.

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Frequently Asked Questions for New York Personal Injury Lawyers

Our attorneys in New York offer free consultations to injured victims and their families. You can call us at 212-779-0057 to make an appointment.

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Am I able to recover lost wages or medical bills?

An experienced injury attorney can help you to seek and recover various damages like loss of income and medical bills, depending on the nature of the claim. Personal injury accident victims in New York, NY should contact a lawyer at Hach and Rose for a free case evaluation.

I'm one of several surviving family members. Can I file a claim on behalf of the injured party in New York, NY?

If you're a family member of an injured victim, you may be able to file a lawsuit on behalf of the victim. Contact us today at (646) 766-1670 to discuss your case.

Is there a fee if I don't win the case?

Our personal injury lawyers in New York, NY, do not charge any fees unless we obtain compensation for our clients.

Do I really need an attorney for a simple motor vehicle accident?

If you've been injured or have lost a loved one in a motor vehicle accident, regardless of the circumstances, it's important to speak with a personal injury attorney as soon as possible. Accidents involving motor vehicles can be complex and require an attorney to investigate the details surrounding the incident. Call us today at (646) 766-1670 for a free evaluation.

I have a permanent injury. How do I pursue compensation against someone for that person's negligent actions?

If you have a permanent injury, your personal injury lawyer can discuss the different options for compensation with you. Our personal injury lawyers in New York, NY, are prepared to help victims just like you. To schedule a free appointment with one of our personal injury attorneys, call (646) 766-1670 today.

My child had a birth injury. Is this the fault of the medical professionals? Am I entitled to financial compensation?

If a medical professional failed to properly diagnose or treat an injury during the birthing process, this might be grounds for a claim. In addition, our birth injury attorneys in New York state can help you to file a lawsuit on behalf of your child if there was any inappropriate or negligent behavior from medical staff that resulted in injury or death, also known as medical malpractice.

In addition to my permanent injuries, I suffer from emotional distress related to the accident. What is the legal process to getting full and fair compensation?

Our experienced New York personal injury lawyers can file a claim for emotional distress caused by the negligence of another. Contact us at (646) 766-1670 for more information about how we can help you seek full compensation

I'm not sure if I need a lawyer. Do you offer other forms of legal assistance?

Our personal injury attorneys in New York, NY, can help you to explore your legal options for different types of claims. We offer free consultations where you can discuss your claim with one of our experienced accident lawyers. Call us or fill out the form on our website to get started.

My insurance company will not pay for my medical bills after a serious injury. Can you help me?

No insurance company should deny an injured victim of medical negligence proper compensation. A New York injury and accident attorney works with victims and their families to file a lawsuit against negligent parties to seek compensation for injuries and damages.

Where are you located in New York City?

The law office of Hach & Rose, LLP is located at 112 Madison Ave, 10th Floor, New York, NY 10016

How do I know if I have a New York personal injury case?

An experienced accident lawyer can help you to determine if you have a valid claim. To schedule a free case evaluation with one of our accident attorneys in New York, NY, call (646) 766-1670.

Helping Victims Get Justice In New York

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Hach & Rose, LLP, is proud to offer completely free consultations to our clients with no obligations or strings attached. Our personal injury law firm has multilingual support, and we work on behalf of our clients nationwide. Hach & Rose is not just a single experienced injury lawyer but rather a team of attorneys who work together to handle personal injury claims and personal injury lawsuits. Please call our law firm at (646) 374-4158 or spend a couple of seconds completing the contact form online. We are dedicated to our clients, and in the event that you contact us after office hours, we commit to responding to you quickly.

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