Judges & Juries | Customs
Reasonable care
The principle behind liability/fault
Tools for defining reasonable care include:
- Foreseeability
- Hand Formula (B < P*L)
- The Reasonable Person
BPL Example
| Precaution | B | P * L | Total Cost |
|---|---|---|---|
| None | $0 (or ∞) | $100k | $100k |
| Solar Panels | $200k | $0k | $200k |
| Spark Arresters | $30k | $50k | $80k |
Scenario 1: No precautions available to defendant Scenario 2: Only solar panels available Scenario 3: Both solar panels and spark arresters available
The Reasonable Person Standard
Objective standard
Justifications
- Administrative feasibility
- Consistency & enforcement of community norms
- Equality & fairness
Exceptions
- Physical disability
- Children
- Expertise
The Role of Judge & Jury
Baltimore & Ohio Railroad Co. v. Goodman
vs.
Pokora v. Wabash Railway Co.
Custom
- Sword (for plaintiff)
- Shield (for defendant)
Defining terms
Negligence per se Prima facie case of negligence
The Concept of Negligence
- Reasonable care
The Tort of Negligence
- Duty
- Breach
- Causation
- Harm