Reasonable Person - External Circumstances

External Circumstances

Factors external to the defendant are always relevant. Additionally, so is the context within which each action is made. It is within these circumstances that the determinations and actions of the defendant are to be judged. There are myriad factors that could provide inputs into how a person acts: individual perceptions, knowledge, the weather, etc. The standard of care required for each set of circumstances will vary, yet the level of care due is always what is reasonable for that set of circumstances.

While community customs may be relied upon to indicate what kind of action is expected in light of given circumstances, such customary requirements are not themselves conclusive of what a reasonable person would do.

It is precisely for this wide-ranging variety of possible facts that the reasonable person standard is so broad (and often confusing and difficult to apply). However, a few general areas of relevant circumstances rise above the others.