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The Reasonable Person Standard

In tort law, courts use the ‘reasonable person standard’ to determine whether or not a person is guilty of negligence. In order for a person to be considered negligent, they must fail to uphold their duty of care. In order to prove this, the plaintiff must first prove that the defendant was responsible for a standard of care, and then further prove that the defendant failed to maintain that standard.

If you or someone you know has been injured in an accident that was another party’s fault, you may be able to receive compensation for your losses. Contact the Green Bay personal injury attorneys of Habush Habush & Rottier S.C. ® at 800-242-2874.

Establishing a Duty of Care

In order for a duty of care to exist, an action must carry with it a foreseeable risk of harm to others. In order to determine foreseeability, the courts established an objective standard of analysis called the reasonable person standard. According to this standard, a ‘reasonable person’ would consider the following four factors before taking action:

  • The foreseeable risk of harm versus the foreseeable benefit of the action
  • The extent of the foreseeable risk
  • The likelihood that this risk will cause harm
  • The possibility of alternative actions

When a person fails to consider any of the above factors, they are breeching their duty of care and may be found guilty of negligence. Consequently, they may be liable for any injuries that occurred because of their negligent behavior.

Contact Us

If you have been the victim of another party’s negligence, contact the Green Bay personal injury lawyers of Habush Habush & Rottier S.C. ® today by calling 800-242-2874 to discuss your legal options.