http://www.law.nyu.edu/foxe/fall01/torts/slides/torts_negligence092101.pdf THE NEGLIGENCE ISSUE DUTY BREACH CAUSATION- • The reasonable person does not normally expose others to unreasonable risks – therefore (?) what a reasonable person does is not negligent; we tolerate this conduct even if, by accident, it causes harm • But who is the reasonable person? – By what gauge do we measure?
Joe Citizen public tolerates dancing in public, infidelity, swinging, beer, liquor and bars. Joe Citizen sometimes tolerate pot, but the law we create does not in most instances. Joe Citizen tolerates bongs sold in certain kinds of stores that minors have access to just because. Joe Citizen tolerates speaking to neighbors in public. Joe Citizen tolerate ''sex games'' because we don't enforce antiquated sex laws. We tolerate our civil liberties and freedom because we do not dictatorship, and tyranny.