In order to win a personal injury case, the plaintiff must show that the defendant was negligent. A negligent individual has been judged unable to copy the behavior of a reasonable person. Who is that reasonable person?
Expected behavior from a reasonable person
• Objectively exercises care and prudence, after studying the circumstances
• Demonstrates care and prudence, along with diligence and forethought
• A reasonable person does not have to be perfect. He or she is not expected to make the right decision at every critical moment.
Examples of actions performed by a reasonable person
A motorist that obeys the traffic signs: A reasonable person adheres to the dictates of the law. In 2020, a resident of the United States that has chosen to wear a mask: Individuals that display the ability to reason also act to protect others from harm.
Refrains from yelling “fire” in a crowded theater: A reasonable person does not produce a false alarm. Homeowner that asks family members to remove the clutter in the rooms where guests would be seated: People that display reasoned actions do not want to put others in danger.
The legal system provides each person with a means for making a logical response to an unreasonable action.
The legal system does not allow a victim to go about punishing the person that has made an unreasonable action. For instance, someone that has been bitten by a dog would not get legal backing, if he or she were to fire pepper spray in the face of the dog’s owner.
Similarly, in 2020, someone that objected to some customer’s failure to keep at least 6 feet away from other customers would not be allowed to spit at that same person, or that person’s child. Those that have suffered a personal injury have the right to file a personal injury claim.
Personal Injury Lawyer in Kitchener knows that each person is expected to use a logical amount of caution. For instance, someone that gets close to a dog should know not to annoy that same animal. A dog owner cannot be charged with negligence, if a bitten victim chose to annoy the owner’s pet.
That act would have not displayed a readiness to use a logical amount of caution. Hence, it would not be viewed as something that a reasoning person would do. Negligence can make a victim partly or wholly responsible for an injury. Some adults hesitate to take any type of legal action against a negligent individual. If that same individual has hurt the hesitant adult’s child, then the child gets a chance to respond. The legal system allows for an extension of the statute of limitations. So, the child has the chance to respond after reaching the age of 18.