4 ms·
disclosure: I am not a lawyer and I have not studied frameworks associated with NC state. I'm a guy who reads books You keep describing the "average person", b
by gretch 3y ago
disclosure: I am not a lawyer and I have not studied frameworks associated with NC state. I'm a guy who reads books
You keep describing the "average person", but this is not the framework that most law uses when considering negligence.
Source: Cases and materials on TORTS; Epstein and Sharkey; 11th addition; page 139
"It is sometimes said that the study of negligence is the study of the mistakes a reasonable man might make."
And then there's a lot more text that goes on to talk about what is 'reasonable' and not just 'average'.
Also, just because the average person wouldn't be harmed does not mean a party would not be liable, because there are non-average people like blind people or old people who must be protected.