What is the reasonable person standard? How is it applied to each of the following? a. Children b. Persons with physical disabilities c. Persons who are mentally retarded d. Professional people with advanced degrees and training, such as doctors, lawyers, and accountants e. Persons acting in emergency situations f. Persons who violate statutory duties
The reasonable person is a fictitious individual who is always careful and prudent and never negligent. The reasonable person standard is external and objective.
a. Children must conform to the standard of a reasonable person of like age, intelligence, and experience under like circumstances.
b. The standard is that of a reasonable person under like disability.
c. A mentally retarded person is held to the standard of conduct of a reasonable person who is NOT mentally deficient.
d. Persons who practice a profession are held to the same care and skill normally possessed by members in good standing of their profession
e. Emergencies are taken into consideration. The standard of care is that of a reasonable person under the circumstances, and the emergency is considered to be part of the circumstances.
f. If the statute is found to be applicable, the majority of courts hold that an unexcused violation is negligence per se; that is, it is conclusively negligent conduct.
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