How Our Orange County Personal Injury Attorney Describes a “Reasonable Person”
If you or a loved one were injured due to the negligent actions of another person, our Orange County personal injury attorney may be able to provide the guidance you need. Negligent actions are seen as the failure to act when you have an obligation to the injured victim. While there are accidents that happen every day, negligent accidents violate the standard of care. Once the standard of care has been violated, liability for any resulting injuries may be determined. If you are operating heavy or otherwise dangerous machinery in the presence of bystanders, you are required to exercise the same care that a reasonable person would in your situation. This means not operating the equipment if it poses an immediate danger to anyone in the area. A reasonable person would be able to assess such risks and take action accordingly. If reasonable actions are not taken to prevent injury, you may be liable for damages in many circumstances.
Reasonable Person
The reasonable person standard is a legal ideal created based on the anticipated actions of the average person in your situation. What is reasonable changes according to your knowledge and experience, although it does not vary according to such factors as intelligence. However, juries usually take this into account when making a decision about liability and negligence. If it is determined that you did act reasonably, even if an injury occurred, you are not usually liable for damages. A car accident attorney Orange County residents trust may be able to help you if you are uncertain of who is liable for injuries that occurred during a car accident. If you are a driver and you have trouble seeing the road without your glasses, you owe it to pedestrians and other drivers to act reasonably by wearing your glasses while driving on the road. If you do not wear your glasses and you hit a jaywalking pedestrian with your car, you are considered liable even though the pedestrian should not have been in the road. A reasonable person would wear his glasses to be able to see and respond to unexpected threats, in this circumstance. Actual knowledge depends on what you as an individual should be expected to know in any give situation. Juries also factor community knowledge into consideration. There are certain types of knowledge that everyone in a community is expected to have. For example, all members of a community are expected to know that children have propensities that make them a high-risk in dangerous environments. This means that construction workers have an obligation to keep children out of construction areas.
Standards of Care for Children
Children themselves are usually held to a different reasonable person standard than adults. Children are not expected to act as reasonable adults, so the standard of behavior is modified according to other children their age. Some courts apply the adult standard to children if they are engaged in adult activities, such as extreme sports. A car accident attorney Orange County residents trust may provide guidance as to the reasonable standard for drivers under the age of 18.
Injury Claims
If you have been injured in an accident, filing a personal injury claim may be your best option for receiving compensation for your medical bills and transportation costs. A lawyer can help assess your case and determine whether you qualify for compensation.
Contact an Orange County Personal Injury Attorney
Call Russell & Lazarus APC today at (949) 851-0222 to work with a reliable Orange County personal injury attorney you can rely on.