Main Content
VII. Negligence: Adjusting the Standard?
Although “reasonable care” may sound like a simple, straightforward standard, its simplicity is also its problem: there may be situations in which we wish there were more guidance to settle upon a judgment of negligence, even with the facts clearly presented. For example, suppose a six-year-old playing a game of tag in the local park knocks over a responsibly-behaving passerby. Does reasonable care naturally adjust to expect less innate reasonableness from a six-year-old? Should it?
The question of what standards to set for kids opens the door to a broader question of applied philosophy: to what extent should society withhold responsibility on the basis of the infirmities and limitations of a defendant, and reflect that in its legal standards? How much should expectations be raised for those said to possess extra abilities, whether of cognition or perception?
This book, and all H2O books, are Creative Commons licensed for sharing and re-use. Material included from the American Legal Institute is reproduced with permission and is exempted from the open license.