Legal Definitions - ordinarily prudent person

The term ordinarily prudent person refers to a hypothetical individual who possesses and exercises the average degree of care, caution, and judgment that a sensible person would use in similar circumstances. In legal contexts, particularly in cases involving negligence, this standard is used by courts to determine whether a person's actions or inactions met the expected level of responsibility.

Essentially, it's a benchmark against which a defendant's conduct is measured. If someone's conduct falls below what an "ordinarily prudent person" would have done in the same situation, they may be found negligent and held liable for any resulting harm. It's not about perfect judgment or extraordinary caution, but rather the reasonable care that a typical, sensible person would demonstrate.

• Example 1: Driving in Inclement Weather

  Imagine a driver traveling on a highway during a sudden, heavy rainstorm. An ordinarily prudent person would reduce their speed, increase their following distance from other vehicles, and ensure their headlights are on. If a driver maintains high speed, tailgates another car, and subsequently hydroplanes, causing an accident, their actions would be compared to what an ordinarily prudent person would have done under those specific hazardous driving conditions. Failing to adjust their driving to the weather would likely be considered a deviation from this standard.

• Example 2: Maintaining a Public Sidewalk

  Consider a property owner whose sidewalk has developed a large, visible crack that could easily trip a pedestrian. An ordinarily prudent person owning property adjacent to a public walkway would recognize this as a potential hazard and take steps to repair it or at least place a clear warning sign. If a pedestrian trips over the crack and is injured because the owner ignored the issue for months, a court might assess whether the owner acted as an ordinarily prudent person in maintaining a safe environment for the public.

• Example 3: Supervising Children at a Park

  A parent takes their young child to a busy public park with a playground. An ordinarily prudent person acting as a parent or guardian would keep a close watch on their child, especially near play equipment or other children, to prevent accidents. If the parent becomes engrossed in their phone, allowing their child to wander off unsupervised and suffer an injury on a piece of equipment, their level of supervision would be evaluated against what an ordinarily prudent person would have provided in that setting.