What’s a “Reasonable” Person When it Comes to Negligence?

For most personal injury claims, you must prove that the other party was negligent to recover compensation for your damages. 

Negligence is the basis for injury claims arising from:

  • Medical malpractice
  • Motor vehicle accidents
  • Dog bites and animal attacks
  • Premises liability claims
  • Construction accidents
  • Bicycle accidents
  • Pedestrian accidents
  • Scooter and ATV accidents

Almost every type of personal injury case involves a negligence claim. Whether a person was negligent is based on what a “reasonable person” would have done in a similar situation. However, who is considered a “reasonable person?”

Who is Considered a Reasonable Person?

A “reasonable person” is subjective. It is a model for judging the reasonableness of another party’s conduct. There is no specific definition of a reasonable person.

In most cases, a reasonable person is defined as someone who uses ordinary prudence. In other words, the person uses a reasonable level of cautiousness in approaching a given situation. A reasonable person considers a situation and acts with common sense based on the circumstances.

For example, a reasonable person knows that texting while driving and speeding through a school zone are dangerous driving behaviors. Therefore, a reasonable person does not engage in these behaviors. 

Another example might be a store owner failing to clean up a spill. A reasonable person knows that a spill makes the floor slippery. If they do not clean it, the spill could cause someone to fall. Therefore, a reasonable person would clean up the spill as quickly as possible or take other steps to prevent someone from falling.

The Reasonable Person Standard is Not the Same in Every Case

The facts and circumstances of the case dictate the standard used for a reasonable person. Using this standard does not mean that a person must be perfect. It only means that the person acted with reasonable prudence.

If a reasonable person would have made the same mistake or error, the party who caused the injury may not be liable for damages. There are also instances in which a situation was not within someone’s control. If the injury was unavoidable, a party might not be liable for damages. 

Children Are an Exception to the Reasonable Person Standard

Children may be exempted from the reasonable person standard in some cases. A child lacks the knowledge and maturity of an adult. For that reason, a child cannot be expected to act with the same level of prudence and reasonableness as an adult in certain situations. 

The court may apply a modified standard for the reasonable person test for children. The child’s actions may be measured against what a child of the same age, knowledge, and experience would do in a given situation. 

The court uses the facts of the case to determine what standard should apply. Therefore, it is difficult to determine in advance what a judge may rule in these types of cases. 

Who Decides What a Reasonable Person Would Do in a Given Situation?

The jurors stand in the shoes of the reasonable person. They listen to the evidence presented by each party to determine the facts of the case. They decide what a reasonable person would have done under similar circumstances.

The jury must decide if the risk was foreseeable. Suppose a risk was foreseeable and the person proceeded with this knowledge and without regard to the risk of harm or injury to another person. In that case, the jury may find the person’s conduct was not reasonable. 

Personal injury lawyers often argue that the defendant could have taken steps to prevent the injury or harm. The hypothetical “reasonable person” can play a significant role in whether you recover compensation for your damages.

Proving Negligence in a Personal Injury Case

To prove negligence, you must show that:

  • The person owed you a duty of care
  • The person breached the duty of care
  • The breach of duty caused your injuries
  • You sustained damages because of the person’s conduct

Jurors may have strong opinions about what constitutes reasonableness. Reasonableness is used to judge whether the person breached the duty of care. If you cannot convince the jury that the person breached the duty of care, you cannot recover compensation for your economic damages (financial losses) or your pain & suffering damages. 

What Are the Odds of Dying in A Car Crash?

What Are the Odds of Dying in A Car Crash?

Since 2014, over six million motor vehicle accidents have been reported in the United States each year. In 2019 alone, there were 6,756,000 traffic accidents nationwide. The result was 36,096 traffic fatalities and 2.74 million injured persons. With such a high rate of accidents occurring each year, you may wonder: “what are the odds of dying in a car crash?”

Odds of Dying in a Car Crash Compared to Other Causes of Death

The National Safety Council (NSC) calculated the lifetime odds of dying from selected causes. In 2019, your odds of dying in a car accident were one in 107. Dying in a motor vehicle crash was eight on the list of causes of death. 

The other seven causes of death examined were:

  • Heart disease (1 in 6)
  • Cancer (1 in 7)
  • All preventable causes of death (1 in 24)
  • Chronic lower respiratory disease (1 in 27)
  • Suicide (1 in 88)
  • Opioid overdose (1 in 92)
  • Fall (1 in 106)

Most traffic accidents are the result of negligence or carelessness. In other words, traffic accidents are preventable in most cases. Drivers make mistakes or engage in dangerous driving behaviors that increase their risk of being in a car accident.

Common Causes of Car Crashes in the United States 

The most common causes of automobile accidents include:

Speeding

Speeding was a factor in 26 percent of the fatal auto accidents in 2019. As the vehicle speed increases, the chance of being in a crash and sustaining severe injuries increases. In 2019, over 9,475 speeding-related deaths were reported.

Distractions 

Distracted driving continues to be a contributing factor in many motor vehicle accidents. In 2019, distracted driving was a factor in six percent of fatal traffic accidents. 

The most common distraction was daydreaming or being lost in thought, followed by:

  • Cell phone use
  • People or objects outside of the vehicle
  • Vehicle occupants
  • Using or reaching for a device
  • Eating or drinking
  • Adjusting vehicle controls
  • Moving objects in the vehicle
  • Smoking

Any activity other than focusing on the road has the potential to be a deadly distraction.

Impaired Driving 

Drunk and drugged driving continue to be a problem throughout the country. Each day, approximately 28 people die because of a drunk driving accident. In 2019, approximately 10,142 people died in drunk driving accidents.

Impaired drivers typically face criminal charges for driving under the influence of alcohol or drugs. The criminal penalty increases if someone is killed or severely injured because of a drunk driving accident. Likewise, drunk drivers may also be held financially liable for the damages caused by a DUI accident.

Drowsy Driving

Drowsy driving caused 697 deaths in 2019. When a driver is fatigued or drowsy, their ability to operate a motor vehicle can be severely diminished. Moreover, the chance of falling asleep at the wheel increases, and reaction times and judgment can be severely inhibited. 

Failing to Follow Traffic Laws

Many accidents are caused by failing to follow traffic laws. Failing to yield the right of way, improper lane changes, and following too closely are common causes of traffic accidents. Other factors might contribute to the causes of these types of accidents, such as drunk driving and distracted driving. 

All drivers have a duty to operate their vehicles in a manner that is safe and does not place others at risk for injury or death. If the driver fails in that duty of care, the accident victim may sue the driver for damages.

Filing a Wrongful Death Claim or Personal Injury Claim 

When a car accident injuries a person, that person may file a personal injury claim seeking compensation of damages. 

If the other driver is entirely at fault for the cause of the crash, the accident victim may demand full compensation for damages, including:

  • The cost of medical treatment and care
  • The cost of personal care and in-home health care
  • Permanent disabilities and impairments
  • Scarring and disfigurement
  • Loss of income and benefits
  • Decreases in future earning potential
  • Physical, mental, and emotional pain and suffering
  • Loss of quality of life and enjoyment of life

When a person dies in a car accident, the family may file a wrongful death claim against the at-fault driver. The wrongful death claim seeks compensation for the family members for damages arising from their family member’s death. 

Damages in a wrongful death case may include financial losses, such as loss of income and funeral expenses. The family may also receive compensation for the loss of companionship, support, guidance, and care from their loved one. 

Lawsuits related to car accidents must be filed within a certain period after the car crash to satisfy the statute of limitations. If you do not file a lawsuit seeking wrongful death or personal injury damages before the deadline, you give up your right to pursue an action in court. Seeking legal advice as soon as possible after a car accident is generally in a person’s best interest. 

Something Was Stolen From My Hotel Room—Who’s Liable?

Something Was Stolen From My Hotel Room—Who’s Liable?

Imagine you are on the road and decide to spend the night at a hotel. You check in, carry your stuff to your room, and get settled. Over the course of the night and the next morning, you are in and out of the room—checking out the pool, exercise room, and breakfast. When you gather your things to leave, you realize your laptop is missing. After further investigation, it becomes clear it was stolen. 

While we all hope this nightmare scenario never happens, it is good to be prepared and understand the law regarding such an issue. More specifically, if something is stolen from your hotel room, who is liable?

While there is no easy answer to that question and there are a thousand different factors that could produce a thousand different answers—which state you are in, whether or not there is clear signage noting the hotel’s liability and policy, whether or not there is a safe—there are several general rules that can help determine liability when something is stolen from your hotel room.

Innkeepers Laws

Just about every state in the country has what are known as Innkeepers Laws. Innkeepers laws govern a range of issues related to hotels and the entire hospitality industry. For example, innkeepers laws cover things like:

  • Evictions
  • Overbooking
  • Security

Innkeepers laws also cover the issue of liability when something is stolen. Because dollar amounts and exact verbiage of the laws vary from state to state, it is important to understand the rules in each state to which you travel. 

By way of example, consider the innkeepers laws in the state of Massachusetts. In the Bay State, a hotel is only liable for up to $300 of lost property for things like luggage, clothing, and money. However, if you deposit money or jewelry to be watched by the hotel, their liability goes up to $1000.

Other states might have rules about safes in the room and signage stating the hotel’s policy and liability limit. For example, if one of your valuables is stolen and you hadn’t put it in the safe then the hotel might not be liable. 

Also, generally speaking, hotels are not at fault if your loss of property is the result of an act of nature such as a hurricane or earthquake, or if it is the result of civil unrest such as a protest or riot. 

Tips for Keeping Your Stuff Safe While Traveling

For the most part, innkeepers laws tend to favor hotels and inns. For that reason, it is important you educate yourself before you hit the road. You will want to make sure you read the hotel’s policy on items that are stolen and what you have to do to make sure your valuables are protected. 

If a hotel room you are staying in has a safe, you might want to consider placing your valuable items inside of it whenever you are not in the room. 

One other option that might be a good idea is traveler’s insurance. Most traveler’s insurance policies cover items that are stolen from a hotel room. Of course, the amount covered depends on the policy so you will want to make sure you get a policy that meets your needs.

Finally, if something was stolen from your room and you feel the hotel is responsible but they are stonewalling you, you may want to consider contacting a personal injury lawyer. A good lawyer will be able to investigate your case and determine whether or not the hotel should pay up. 

Of course, not every item that is stolen will warrant legal action. But if you have had something truly valuable stolen from your hotel room, there might be steps you can take to seek justice.