A large
number of personal injury claims are based, at least in part, on a theory of
negligence. Negligent conduct is conduct that falls below the standards of behavior
established by law for the protection of others against unreasonable risk of
harm. A person has acted negligently if he or she has departed from the conduct
expected of a reasonably prudent person acting under similar circumstances.
To use an old logical
saw, that ultimately begs the question of who a reasonably prudent person is.
To some, the definition of that person comes as a surprise. The reasonably
prudent person can sometimes be generalized as “Debbie Do-Gooder”. The
reasonably prudent person stops completely at lights and stop signs. They
signal a full 100 feet before making a turn. They always look both ways before
turning, and never speed. This can be an intimidating prospect for some, as
most people don’t operate that conservatively in their every day lives.
This definition doesn’t
stop with people driving cars either. A reasonable business owner salts the
entrance to his business after every freeze. They shovel all snow from their
pathways, and warn patrons of any dangers that could potentially affect them.
They post warning signs, double and triple check food they make, and make sure
they don’t hire anyone that could harm another.
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