Legal Definitions - ORP

ORP stands for Ordinary, Reasonable, and Prudent. This phrase describes the legal standard used to determine if someone has acted negligently. In essence, it asks: how would a typical, sensible person, exercising caution and good judgment, have acted in the same or similar circumstances?

If a person's actions fall below this standard, and their failure to act as an ordinary, reasonable, and prudent person causes harm to another, they may be found legally negligent.

• Example 1: Driving in Inclement Weather

  Imagine a driver traveling on a highway during a sudden heavy rainstorm. An ordinary, reasonable, and prudent driver would reduce their speed, increase their following distance, and use their headlights to ensure visibility. If a driver instead maintains high speed, tailgates another vehicle, and causes an accident, their actions would likely be judged against the ORP standard. A court would consider whether a typical, sensible person would have driven that way under those conditions. If not, the driver could be found negligent for failing to meet the ORP standard.

• Example 2: Maintaining a Public Sidewalk

  A homeowner is responsible for maintaining the sidewalk in front of their property. An ordinary, reasonable, and prudent homeowner would regularly inspect the sidewalk for hazards like large cracks or uneven sections and take steps to repair them or warn others. If a homeowner neglects a significant, visible crack for months, and a pedestrian trips and injures themselves, a court would assess whether the homeowner acted as an ORP person. Failing to address such a clear hazard would likely be considered a breach of the ORP standard, potentially leading to a finding of negligence.

• Example 3: Supervising Children at a Park

  A parent or guardian taking children to a public park has a duty to supervise them appropriately. An ordinary, reasonable, and prudent supervisor would keep a watchful eye on the children, especially near play equipment or busy areas, and intervene if they see a child engaging in dangerous behavior. If a supervisor is engrossed in their phone, allowing a young child to wander unsupervised into a street and get hurt, their actions would be measured against the ORP standard. A court might conclude that a reasonable and prudent person would not have allowed such a lapse in supervision, thereby finding the supervisor negligent.