“Negligence law seldom accounts for a person’s idiosyncrasies. The objective standard of care simply demands that people take reasonable care under the circumstances. One’s greater risk profile or ignorance of what the duty of care requires does not matter. A defendant breaches his duty of care when he fails to take reasonable care – nothing more and nothing less. Not so under personalized standards of care. In their new book, Personalized Law: Different Rules for Different People, Professors Omri Ben-Shahar and Ariel Porat imagine a world where legal systems can create standards of care that are tailored to each person’s risk profile, allowing parties to take optimal precautions and reach optimal activity levels …”
Jared I Mayer, Implementing Personalized Negligence Law, University of Chicago Law Review Online 9 March 2022.
First posted 2022-03-10 11:00:02
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