Getting hurt in an accident can turn your life upside down – and send you searching for knowledge on legal terms like “reasonable person standard.” This important legal concept helps determine who’s at fault in personal injury cases. Let’s look at what this standard means and how it might apply if you’ve been injured in Las Vegas.
What Is the Reasonable Person Standard?
The definition of the reasonable person standard (previously called the “reasonable man standard”) is that it’s a legal guideline used to determine if someone acted carelessly. The standard works by comparing their behavior to what a typical, careful person would have done in the same situation. It helps judges and juries decide if someone was negligent when they caused an accident.
This reasonable person standard doesn’t expect perfect behavior, just reasonable care based on the circumstances. When your personal injury case goes to court, this standard becomes the measuring stick for deciding if the other person should be held responsible for your injuries.
What Is the Legal Definition of Reasonable?
In legal doctrine, “reasonable” means what an ordinary person would do in a specific situation, taking into account all the surrounding circumstances. The courts don’t look for perfect decisions or superhuman caution, but rather what makes sense for an average person with normal judgment.
This element of the reasonable person standard definition is especially important because proving negligence in your case will depend on showing that the person who hurt you fell short of this standard. When someone fails to act reasonably and causes harm, they become legally responsible for the damage they’ve caused.
Variations in the Reasonable Person Standard
While the reasonable person standard sounds straightforward, it doesn’t apply the same way to everyone. The law recognizes that different people have different abilities and knowledge, so the standard for whether someone exercised reasonable prudence can change based on who’s involved in the accident.
Children
The law doesn’t expect children to behave like adults. Instead, the reasonable person test will compare a child’s actions to what other children of similar age, intelligence, and experience would do. For example, if your child was hurt at a Las Vegas water park, the court might ask whether the child acted like other 10-year-olds would in that situation. However, there are exceptions. For example, if a child engages in an adult activity like driving, they might be held to an adult standard.
Individuals with Disabilities
People with physical disabilities typically aren’t expected to act like those without disabilities: The standard can be adjusted to what a reasonable person with similar disabilities would do. For instance, a person who uses a wheelchair isn’t expected to react to an emergency the same way as someone who doesn’t. However, the court won’t always modify the reasonable person standard for mental disabilities or illnesses – it would likely consider whether the person was reasonable on a case-by-case basis.
Professionals and Experts
Doctors, lawyers, engineers, and other professionals are held to a higher standard based on their specialized training and expertise. A Las Vegas surgeon isn’t compared to an ordinary person but to a surgeon with similar training. A higher reasonable person standard in healthcare and other professions makes sense because these experts have specialized knowledge and skills.
How the Reasonable Person Standard Applies to Personal Injury Claims
In personal injury cases, your lawyer will need to show that the person who hurt you didn’t act as carefully as a reasonably prudent person would have in the same situation. This might involve bringing in expert witnesses who can explain what should have happened, like a safety expert testifying about proper maintenance procedures at a Las Vegas hotel.
Your attorney might also use industry guidelines, building codes, or hospital protocols to show what reasonable behavior looks like in your specific case. The goal is to create a clear picture of how someone acting reasonably could have prevented your injury.
Insurance companies often fight back by claiming their client’s actions were reasonable or that you were partly at fault. Having a lawyer who understands Nevada’s comparative negligence rules and the reasonable person doctrine can make or break your case.
Real-World Examples of the Reasonable Person Standard
Sometimes legal concepts make more sense when you see them in action. Let’s look at some common reasonable person standard examples and how the court would determine who’s at fault.
Vehicle Accidents
To avoid a car accident, a reasonable driver would stop at red lights, follow speed limits, and avoid texting while driving. If someone rear-ends you while you’re stopped at a red light on Flamingo Road because they were looking at their phone, they’ve failed to meet the reasonable person standard.
A reasonable person would also check their blind spots before changing lanes on I-15 or turning to exit the Strip, knowing motorcycles are smaller and harder to see. If they don’t, they’ve likely violated the reasonable person standard, and you might have a motorcycle accident claim.
Rideshare Accidents
A reasonable Uber or Lyft driver would focus on driving safely rather than being on their app while transporting passengers. If you’re in a rideshare accident because the driver was staring at their phone looking for their next pickup, they’ve violated the reasonable person standard.
Likewise, a reasonable rideshare company would properly screen their drivers and enforce rest periods. If a company allows a driver with a history of previous accidents to continue driving, and that driver is at fault in an accident, the company may have failed to meet reasonable standards for oversight.
Casino Injuries
Casino injuries are more common than you might think due to owners and managers who don’t meet the reasonable person standard. For example, a reasonable casino owner would promptly clean up spilled drinks and food to prevent slip and fall accidents. If you slip on a drink that’s been on the floor for hours, the management has likely failed to meet reasonable maintenance standards.
A reasonable casino would also make sure common areas, staircases, and parking structures are well-lit and secure. If you’re the victim of a crime on the property, you may be able to prove “negligent security,” which means they haven’t met the standard of reasonable care that tourists and guests deserve.
Construction Accidents
Construction is everywhere in Las Vegas, and construction claims are subject to the reasonable person test like any other injury. For example, a reasonable construction company would put up proper barriers, warning signs, and overhead protection for pedestrians walking nearby. If falling debris hits you, the company has failed to meet reasonable safety standards.
A reasonable contractor would also secure loose materials during high winds, knowing Las Vegas can experience strong gusts. If unsecured materials blow off a construction site and injure someone walking on the sidewalk, the contractor has likely violated reasonable safety practices for the Las Vegas climate.
Medical Malpractice
Medical malpractice is subject to even higher reasonable person standards due to the expertise involved. For example, a reasonable doctor would check your medical history and allergies before prescribing medication. If they don’t, and you suffer a severe reaction, they’ve failed to exercise reasonable prudence.
In addition, a reasonable surgeon would verify they’re operating on the correct body part before beginning surgery. If a surgeon operates on your left knee when the procedure was scheduled for your right knee, they’ve clearly fallen short of what any reasonable medical professional would do in that situation.
Still Have Questions? Contact an Expert
If you’ve been hurt in Las Vegas, figuring out if someone failed to act reasonably can be complicated. The Blackburn Wirth Injury Team has worked with many visitors and locals who’ve been hurt in Las Vegas and knows how to apply the reasonable person standard to your unique situation. We can help determine if the casino, driver, doctor, or business that caused your injury failed to take reasonable care. Contact us today for a free case evaluation to learn about your options.
