Reasonable care

The principle behind liability/fault

Tools for defining reasonable care include:

1. Foreseeability
2. Hand Formula (B < P*L)
3. The Reasonable Person

Hand Formula

B < PL = Negligent B > PL = Not Negligent

B = Burden of precautionary measures P = Probability of loss/harm L = Magnitude of loss/harm

Hand Formula Critiques:

1. Incommeasurability
2. Uncertainty of Quantification

The Reasonable Person Standard

An objective standard¹ designed to clarify what reasonable care requires

Justifications for an objective standard

1. Administrative feasibility
2. Consistency & enforcement of community norms
3. Equality & fairness

Exceptions to objective standard

1. Physical disability
2. Children
3. Expertise

Not exceptions to objective standard

1. Mental disability
2. Children engaged in adult activity
3. Old age & infirmity

Bethel v. New York City Transit Authority

And the standard of utmost care

The Role of Judge & Jury

Baltimore & Ohio Railroad Co. v. Goodman

Pokora v. Wabash Railway Co.