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Who Is the Reasonable Person? A Dive into Legal Logic.
In this episode of 'Law School in Plain English,' we explore the concept of the 'reasonable person' in legal terms, particularly within tort law. Join host Jeff as he unpacks this ...
Who Is the Reasonable Person? A Dive into Legal Logic.
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Interactive Transcript
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Happy New Year, everyone!
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The ball has dropped, the resolutions are made, and somewhere out there, the reasonable
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person is already sticking to their goals.
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Who's the reasonable person you ask?
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Well, they're not the one lighting fireworks indoors to ring in the New Year, and they're
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certainly not the one trying to ice skate on an unfrozen pod.
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But who is this elusive reasonable person we hear so much about in the law?
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Are they a real person?
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A lawyer?
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An idealized figure?
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Or just someone who'd never tried to fit a seven foot New Year's Eve disco ball into
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a six foot wide doorway?
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Today, we're kicking off the New Year by unwrapping this concept, sprinkling in some
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humor, and exploring why the reasonable person matters in the law, and maybe even in your
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resolutions.
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So let's dive into the world of the reasonable person.
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Hi, I'm Jeff, and welcome back to Law School in Plain English, where we break down complex
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legal principles so anyone, everyone can understand them.
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This season, we've been focusing on torts, one of the foundational areas of the law.
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Why is the reasonable person important in torts?
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Because tort law is all about balancing rights and responsibilities.
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When someone claims they have been harmed, the court needs a standard to measure whether
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the accused acted carelessly.
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That's where the reasonable person comes in.
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There the yardstick, the ideal, the what would you have done in their shoes figure that
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helps us decide what is fair?
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And as your host, I am here to make sure we explore this concept in a way that's both
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educational and entertaining.
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So grab some sparkling cider, settle in, and let's dive into the world of the reasonable person.
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The reasonable person is not your average joke.
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They are not an actual person, but a legal fiction.
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Think of them as the court's way of asking, what would a careful, thoughtful, and responsible
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person do in this situation?
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For example, a reasonable person would not leave their driveway covered in ice on Christmas
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morning knowing grandma's coming over.
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They'd shovel, salt, or at least put up a sign saying careful, it's icy.
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But let's contrast this with the unreasonable person, the star of many lawsuits.
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An unreasonable person might ignore the ice thinking, eh, it'll melt eventually.
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Or worse, or water over the ice to make it look pretty for holiday pictures.
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The reasonable person considers the likely risks of their actions or inactions and takes
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steps to prevent harm.
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The unreasonable person?
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Well, they often star in court cases because they don't.
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So how does the reasonable person work in practice?
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Picture this.
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Your neighbor decides to put up a massive light display in their yard for the holidays.
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It's beautiful, except for the extension court they've run across the sidewalk.
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Now, if someone trips over that court and sues, the court will ask, what a reasonable
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person left the court there without securing it.
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The answer is probably no.
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A reasonable person would have taped it down or found another way to power the lights.
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The unreasonable person, on the other hand, might argue, well, it's not my fault they
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didn't look where they were going.
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That is why the reasonable person is so important.
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They set the standard for what is expected in a given situation.
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They're not perfect by no means, but they're proactive and considerate and courts use them
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as a benchmark to decide negligence cases.
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Let's put the reasonable person to the test with some holiday themed examples.
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Scenario 1.
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The inflatable Santa Showdown
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Imagine someone sets up a 12-foot inflatable Santa on their front lawn, but anchors it with
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tiny stakes.
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A gust of wind sends Santa flying into the neighbor's car, damaging it.
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The question is, would a reasonable person have used stronger anchors knowing that wind
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is common this time of year?
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Scenario 2.
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Let's call it the cookie catastrophe.
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At a holiday party, someone spills eggnog on the floor, but doesn't clean it up.
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Another guess slips and sues.
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The court will ask, would a reasonable person have wiped up the spill immediately to prevent
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accidents?
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The answer is yes.
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Now, imagine this.
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The reasonable person and the unreasonable person sit down for a holiday dinner together.
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Let's listen in on their conversation about tort liability.
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So, a reasonable person, I heard about your latest adventure.
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Didn't you leave your inflatable reindeer unsecured on the roof?
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I mean, wasn't it obvious that it might blow off and hit someone?
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I was not supposed to know it was going to be windy.
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It was pretty likely if you're going to put something on the roof, you have to think
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about what could happen if it doesn't stay there.
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Fine, next time I'll strap it down.
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Good choice, better than spending holidays in court.
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Reasonable doesn't mean perfect or all-knowing.
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It means acting with ordinary care like most thoughtful people would in a similar situation.
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It's about being cautious when it matters most.
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Thanks for joining us today on law school in plain English.
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Next time we will dive into foreseeability, how courts decide what risks are predictable
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and what's just bad luck.
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Remember, learning to think like a lawyer means seeing both sides of the story and thinking
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like a reasonable person.
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Happy New Year and I will see you next time.