What is the Reasonable Person Standard? 

At Serrano Law, we understand the critical role that the reasonable person standard plays in evaluating claims and advocating for the rights of the injured. In this blog post, we delve into the nuances of the reasonable person standard in the context of Florida personal injury law, offering insights and clarity to both legal practitioners and individuals navigating the complexities of negligence claims.

The reasonable person standard serves as a cornerstone of negligence law, providing a benchmark against which the conduct of individuals is measured in determining liability for injuries or damages. In Florida, the application of the reasonable person standard is central to assessing whether a defendant’s actions met the level of care that a reasonable person would exercise in similar circumstances.

What is the Reasonable Person Standard?

The reasonable person standard, also known as the “prudent person” or “ordinary care” standard, is a legal principle that serves as a benchmark for determining whether an individual’s actions or conduct met the level of care that a reasonable person would exercise in similar circumstances. In other words, it asks whether the defendant acted as a reasonably prudent person would have acted under the same or similar circumstances.

In Florida personal injury law, the reasonable person standard is used to assess whether a defendant’s actions constituted negligence, which is the failure to exercise reasonable care to prevent harm to others. Negligence requires proof of four elements: duty of care, breach of duty, causation, and damages. The reasonable person standard is primarily concerned with the second element — breach of duty — and evaluates whether the defendant’s conduct fell below the level of care expected of a reasonably prudent person in similar circumstances.

Application of the Reasonable Person Standard

When a personal injury case invokes the reasonable person standard, the court assesses the actions of the defendant against a hypothetical average person’s behavior in similar circumstances. This standard is not concerned with the defendant’s personal beliefs or intentions but is instead an objective measure.

The court meticulously considers the context of the defendant’s actions. Factors such as the nature of the activity at hand, any foreseeable risks, and pertinent industry standards or regulations are all taken into account to ascertain what a reasonable person would have done in the same situation.

Moreover, the standard of care may be adjusted when professionals or individuals with specialized knowledge are involved. For instance, a doctor would be judged against a more stringent standard compared to an ordinary person due to their medical expertise and training. This higher standard reflects the expectations placed on professionals to utilize their specialized skills responsibly.

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Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.”

- Mary

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Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!"

- Kylie Collier Border

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I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help."

- Sandy Carter

The reasonable person standard sets the baseline for the duty of care owed by individuals to others. It establishes the level of caution and attentiveness that one should exercise to avoid causing harm to others. In determining whether a defendant breached their duty of care, the court evaluates whether their actions fell below the level of care expected of a reasonably prudent person in similar circumstances. 

If the defendant’s conduct deviated from what a reasonable person would have done, it may be deemed negligent.

Significance of the Reasonable Person Standard

The reasonable person standard holds significant implications for both plaintiffs and defendants in personal injury cases:

Plaintiff’s Perspective

Plaintiffs rely on the reasonable person standard to establish that the defendant’s actions constituted negligence, thereby proving liability for their injuries or damages. By demonstrating that the defendant failed to meet the standard of care expected of a reasonable person, plaintiffs can seek compensation for their losses.

Defendant’s Defense

Defendants may argue that they acted in accordance with the reasonable person standard and exercised reasonable care to prevent harm. By demonstrating that their actions were consistent with what a reasonable person would have done, defendants can rebut claims of negligence and defend against liability.

The reasonable person standard serves as a critical tool in assessing negligence and determining liability in Florida personal injury cases. By evaluating whether the defendant’s actions met the level of care expected of a reasonably prudent person in similar circumstances, the court can hold negligent parties accountable for their conduct and ensure that injured individuals receive the compensation they deserve. 

Case Results

Car Accident

This client was injured in an auto accident with a driver who improperly merged into her lane. Her vehicle was totaled. She sustained an aggravation of her pre-existing disc herniations in her neck and new disc herniations in her lower back. We obtained the full limits of both the at-fault driver’s bodily injury coverage and our client’s underinsured motorist coverage, which were significant. The settlement was achieved without a law suit and within four months after the client finished treating.

Rear End Collision

This particular client was injured in an accident in late 2015 when she was rear-ended. She sustained an aggravation of pre-existing disc herniations in her neck and a new disc herniation which ultimately required a surgical fusion. By the time of trial, her medical bills exceeded $180,000.00. The Defendants’ offer pre-suit was $20,000.00. We were able to obtain a jury verdict of $441,000.00, plus attorneys’ fees.

Car Accident

A client was injured in a rear-end collision where he sustained an aggravation of a pre-existing disc bulge that developed into a herniation in his lower back. We obtained a jury verdict which was over 6 times what had been offered prior to trial.

Car Accident

In this case, our client injured her shoulder after being struck by a vehicle while she was performing volunteer services. The driver was traveling at such a high rate of speed entering a parking lot that he clipped another vehicle, hit a parking barrier and was launched into a tree. After the client attempted to negotiate with the insurance company prior to hiring us, we were able to obtain an amount that was over double the prior offer.

Intentional Torts

Our client was injured from an assault by a patron of a party while working security. His shoulder required multiple surgeries. He hired our office to pursue a claim to recoup his medical bills, which exceeded $130,000.00. After his assailant offered him $10,000.00 to resolve his case, we took the case to a jury to decide. The jury awarded our client all of his medical bills and tripled his award for pain and suffering.

Car Accident

This client came to us about a car wreck that occurred in 2014 where she sustained injuries. She approached our firm just one week before the statute of limitations was set to expire after being turned away by several other law firms. We filed a lawsuit and were able to obtain the limits of the at-fault driver’s bodily injury coverage and an additional settlement from the client’s insurance carrier.

Truck Crash

This couple was injured in an automobile accident after they were rear-ended in a seven-car pileup caused by a semi-trailer. Of the 15 people who made claims on the same insurance policy, our clients each received the second and third highest offers, which covered all of their past and future medical bills and their attorney’s fees.

Truck Crash

In this case, our client was injured from a rear-end collision with an eighteen-wheeler. Her original lawyer procured a settlement offer of $7,000.00 to settle her case. Because the offer did not approach the amount of bills she incurred from accident related treatment, she came to our firm for a consultation. She decided to hire us. We promptly filed suit and obtained a settlement for her.

The Essential Elements of a Personal Injury Case

To successfully prove a personal injury lawsuit, there are four distinct elements that must be present. They are: 

Duty of Care

The foundation of a personal injury lawsuit lies in the concept of duty of care. This principle holds that individuals have a legal obligation to exercise reasonable care to prevent harm to others. For example, drivers have a duty to operate their vehicles safely, property owners have a duty to maintain their premises in a safe condition, and healthcare providers have a duty to provide competent medical care to their patients.

Breach of Duty

Once duty of care is established, the next element to consider is whether the defendant breached that duty. A breach of duty occurs when the defendant’s actions or omissions fall below the standard of care expected of a reasonably prudent person in similar circumstances. This breach may be the result of negligence, recklessness, or intentional misconduct.

Causation

Causation is a pivotal concept in personal injury lawsuits, serving as the bridge that connects the defendant’s breach of duty to the plaintiff’s sustained injuries or damages. In assessing causation, it is necessary to evaluate two distinct types:

First, there is factual causation, also known as “but-for” causation. This form of causation probes into whether the injuries suffered by the plaintiff would have occurred in the absence of the defendant’s breach of duty. The fundamental question here is whether the plaintiff would have been unharmed had the defendant not acted negligently or taken a particular action.

Second, there is proximate causation, which delves into whether the actions of the defendant were a foreseeable and direct cause of the plaintiff’s injuries. Proximate causation goes beyond merely establishing a factual link, by questioning whether the injuries were a reasonably anticipated consequence within the scope of risks created by the defendant’s actions. Even if a factual causation is established, proving proximate causation requires demonstrating that the injuries were not just possible, but were also likely under the circumstances.

Damages

Finally, to succeed in a personal injury lawsuit, the plaintiff must demonstrate that they suffered actual damages as a result of the defendant’s breach of duty. Damages may include medical expenses, lost wages, pain and suffering, emotional distress, property damage, and other economic and non-economic losses.

Case Results

Car Accident

This client was injured in an auto accident with a driver who improperly merged into her lane. Her vehicle was totaled. She sustained an aggravation of her pre-existing disc herniations in her neck and new disc herniations in her lower back. We obtained the full limits of both the at-fault driver’s bodily injury coverage and our client’s underinsured motorist coverage, which were significant. The settlement was achieved without a law suit and within four months after the client finished treating.

Rear End Collision

This particular client was injured in an accident in late 2015 when she was rear-ended. She sustained an aggravation of pre-existing disc herniations in her neck and a new disc herniation which ultimately required a surgical fusion. By the time of trial, her medical bills exceeded $180,000.00. The Defendants’ offer pre-suit was $20,000.00. We were able to obtain a jury verdict of $441,000.00, plus attorneys’ fees.

Car Accident

A client was injured in a rear-end collision where he sustained an aggravation of a pre-existing disc bulge that developed into a herniation in his lower back. We obtained a jury verdict which was over 6 times what had been offered prior to trial.

Car Accident

In this case, our client injured her shoulder after being struck by a vehicle while she was performing volunteer services. The driver was traveling at such a high rate of speed entering a parking lot that he clipped another vehicle, hit a parking barrier and was launched into a tree. After the client attempted to negotiate with the insurance company prior to hiring us, we were able to obtain an amount that was over double the prior offer.

Intentional Torts

Our client was injured from an assault by a patron of a party while working security. His shoulder required multiple surgeries. He hired our office to pursue a claim to recoup his medical bills, which exceeded $130,000.00. After his assailant offered him $10,000.00 to resolve his case, we took the case to a jury to decide. The jury awarded our client all of his medical bills and tripled his award for pain and suffering.

Car Accident

This client came to us about a car wreck that occurred in 2014 where she sustained injuries. She approached our firm just one week before the statute of limitations was set to expire after being turned away by several other law firms. We filed a lawsuit and were able to obtain the limits of the at-fault driver’s bodily injury coverage and an additional settlement from the client’s insurance carrier.

Truck Crash

This couple was injured in an automobile accident after they were rear-ended in a seven-car pileup caused by a semi-trailer. Of the 15 people who made claims on the same insurance policy, our clients each received the second and third highest offers, which covered all of their past and future medical bills and their attorney’s fees.

Truck Crash

In this case, our client was injured from a rear-end collision with an eighteen-wheeler. Her original lawyer procured a settlement offer of $7,000.00 to settle her case. Because the offer did not approach the amount of bills she incurred from accident related treatment, she came to our firm for a consultation. She decided to hire us. We promptly filed suit and obtained a settlement for her.

Damages from a Personal Injury Suit

In the wake of a personal injury, it becomes essential to understand the various types of damages that can be claimed in a lawsuit, a knowledge crucial for both the plaintiff and the defendant.

Firstly, there are economic damages, which represent the tangible, financial losses suffered by the plaintiff due to the injury. These include medical expenses covering hospital bills, surgical costs, doctor visits, medications, and costs related to rehabilitation and necessary assistive devices. Additionally, plaintiffs may claim compensation for lost wages reflecting the income lost due to their inability to work, encompassing past and projected future earnings, and any diminished earning capacity. Furthermore, if the plaintiff’s property was damaged due to the defendant’s negligence, compensation for the repairs or replacement of the property can be sought.

Secondly, non-economic damages cater to the more subjective, intangible losses that are harder to quantify. These damages aim to offer compensation for pain and suffering, which covers the physical discomfort, emotional distress, and the overall decrease in life enjoyment resulting from the injury. Emotional distress damages might be claimed if the injury led to significant psychological harm, manifesting as anxiety, depression, or PTSD. Additionally, loss of consortium damages address the impacts on the plaintiff’s spouse or family, compensating for the loss of companionship, support, and intimacy that are consequent to the injury.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Associate Attorney

Punitive Damages

In cases involving egregious conduct or intentional wrongdoing, the court may award punitive damages to punish the defendant and deter similar misconduct in the future. Punitive damages are intended to serve as a deterrent rather than compensate the plaintiff for their losses

The reasonable person standard serves as a cornerstone of Florida personal injury law, providing a framework for evaluating negligence and determining liability in a wide range of cases. By assessing whether the defendant’s actions met the level of care expected of a reasonably prudent person in similar circumstances, the court can hold negligent parties accountable and ensure that injured individuals receive the compensation they deserve.

If you believe you have a personal injury case and are seeking guidance and representation, we invite you to contact our office at Serrano Law to schedule your consultation. Our experienced Florida personal injury attorneys are dedicated to advocating for the rights of the injured and providing compassionate legal representation tailored to the unique circumstances of each case. Don’t navigate the complexities of personal injury law alone — let us stand by your side and help you pursue the justice and compensation you deserve.

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Multi-Collision Car Accident