Reasonable Person - Hand Rule

Hand Rule

Under American common law, a well known—though nonbinding—test for determining how a reasonable person might weigh the criteria listed above was set down in United States v. Carroll Towing Co. by the Chief Justice of the Second Circuit Court, Learned Hand. The case concerned a barge that had broken her mooring with the dock. Writing for the court, Hand held:

he owner's duty, as in other similar situations, to provide against resulting injuries is a function of three variables: (1) The probability that she will break away; (2) the gravity of the resulting injury, if she does; (3) the burden of adequate precautions.

While the test offered by Hand does not encompass all the criteria available above, juries in a negligence case might well still be instructed to take the other factors into consideration in determining whether the defendant was negligent.

Read more about this topic:  Reasonable Person

Famous quotes containing the words hand and/or rule:

    “She was too good for this life.
    Very soon, a great transverse tear
    Left only a hand and some blue.
    Now Fight Cancer is there.”
    —Philip Larkin (1922–1986)

    “It is an endless and frivolous Pursuit to act by any other Rule than the Care of satisfying our own Minds in what we do.”
    —Richard Steele (1672–1729)