Negligence B. The Central Concept 2. The Reasonable Person

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Negligence B. The Central Concept 2. The
Reasonable Person
Negligence is the doing of something which a
reasonably prudent person would not do, or the
failure to do something which a reasonably
prudent person would do, under circumstances
similar to those shown by the evidence. Californi
a BAJI 3.10
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Negligence B. The Central Concept 2. The
Reasonable Person
Defendant left paint and solvent soaked rags
packed tightly in a closed container in his
garage. The rags spontaneously combusted,
starting a fire that spread to his neighbors
property, causing substantial damage. Did the
defendant behave as a reasonably prudent person
under the circumstances?
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Negligence B. The Central Concept 2. The
Reasonable Person
Would the following, if true, excuse the
defendants conduct 1) I didnt know rags could
spontaneously burn? 2) I knew of the risk, but
I was in a hurry and, frankly, had better things
to do? 3) I knew of the risk, but I couldnt
think of anything else to do with them? 4)
Everybody does that all the time?
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Negligence B. The Central Concept 2. The
Reasonable Person
The reasonably prudent person standard is 1)
external, and 2) objective.
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Negligence B. The Central Concept 2. The
Reasonable Person
A deaf driver enters an intersection, with the
light, and is struck by an emergency vehicle,
running with its sirens on. What is the standard
of care?
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Negligence B. The Central Concept 2. The
Reasonable Person
A child, riding her bike on the sidewalk,
attempts to pass a pedestrian, loses control of
the bike, and hits him. What is the standard of
care?
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Assignment For Thursday, Sept. 12
Please read pages 58-67.