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Torts

Bethel v. New York City Transit Authority

            Absent some special standard of care, defendants must meet the standard of care applied to an ordinary, reasonable person. But who is the reasonable person? How do we determine what constitutes reasonable conduct in a particular community or time? Whatever else one may think, the reasonable-person standard is ambiguous and generates unpredictable results. Why do courts apply it? The next case offers one answer to this question.