objective reasonable person standard (Illinois) · Go Syfert
← Illinois issues

objective reasonable person standard in Illinois

8 Illinois opinions name it 2 courts 1994–2026 2 in the last five years

The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
McCarthy v. Kunickigreen
illappct · 2005 · cited in 2 Illinois opinions naming this issue, 2013–2025
2 sentences

2025Contributory negligence is defined as “a lack of due care for one’s own safety as measured by an objective reasonable person standard.” McCarthy v. Kunicki, 355 Ill.

2013“Contributory negligence is defined as a lack of due care for one’s own safety as measured by an objective reasonable person standard.” McCarthy v. Kunicki, 355 Ill.

22
Stacy v. Jedco Construction, Inc.green
ncctapp · 1995 · cited in 2 Illinois opinions naming this issue, 1998–1998
2 sentences

1998Rather, the court stressed that such a person should be held only to the exercise of such care as he or she was capable of exercising, “i.e., the standard of care of a person of like mental capacity under similar circumstances.” See Stacy v. Jedco Construction, Inc., 119 N.C.

1998Rather, the court stressed that such a person should be held only to the exercise of such care as he or she was capable of exercising, *914 " i.e., the standard of care of a person of like mental capacity under similar circumstances." See Stacy v. Jedco Construction, Inc., 119 N.C.App. 115, 120 , 457 S.E.2d 875, 879 (1995) (and cases cited therein).

12
People v. Watsongreen
illappct · 2021 · cited in 1 Illinois opinions naming this issue, 2026–2026
1 sentence

2026See Watson, 2021 IL App (1st) 180034, ¶¶ 40-43, 52 .

11
United States v. Peter Saundersgreen
ca7 · 1999 · cited in 1 Illinois opinions naming this issue, 2018–2018
1 sentence

2018United States v. Clemens , 738 F.3d 1 , 10-11 (1st Cir. 2013) (discussing the disagreements among the courts of appeals and concluding that the objective-speaker test continued to be good law post- Black ); accord United States v. Saunders , 166 F.3d 907 , 913 n.6 (7th Cir. 1999). 3 The Court left open the possibility, but declined to rule, that recklessness would also satisfy the mental-state requirement under the facts of the case.

11
CNA Insurance v. McGinnisgreen
ark · 1984 · cited in 1 Illinois opinions naming this issue, 1994–1994
2 sentences

1994See CNA Insurance Co. v. McGinnis (1984), 282 Ark. 90 , 666 S.W.2d 689 .

1994See CNA Insurance Co. v. McGinnis (1984), 282 Ark. 90 , 666 S.W.2d 689 .

11
Horace Mann Insurance v. Foregreen
almd · 1992 · cited in 1 Illinois opinions naming this issue, 1994–1994
1 sentence

1994Ala. 1987), 652 F. Supp. 1177 ; but see Davis, 612 So. 2d at 461-62 (repudiating and rejecting McIntyre’s embrace of the subjective-intent test as an erroneous interpretation/ prediction of Alabama law); Fore, 785 F. Supp. at 949-54 (same).) The third approach is the objective reasonable person standard, which inquires whether a reasonable person would have foreseen that his action would cause harm.

11

Distinguished, questioned or overruled (1)

CaseNegativeCited
State Farm Fire and Cas. Co. v. Davisgreen
ala · 1993 · cited in 1 Illinois opinions naming this issue, 1994–1994
1 sentence

1994Ala. 1987), 652 F. Supp. 1177 ; but see Davis, 612 So. 2d at 461-62 (repudiating and rejecting McIntyre’s embrace of the subjective-intent test as an erroneous interpretation/ prediction of Alabama law); Fore, 785 F. Supp. at 949-54 (same).) The third approach is the objective reasonable person standard, which inquires whether a reasonable person would have foreseen that his action would cause harm.

11

Also cited on this issue (3)

CaseCitedYears
United States v. Clemens green
ca1 · 2013
1 sentence

2018United States v. Clemens , 738 F.3d 1 , 10-11 (1st Cir. 2013) (discussing the disagreements among the courts of appeals and concluding that the objective-speaker test continued to be good law post- Black ); accord United States v. Saunders , 166 F.3d 907 , 913 n.6 (7th Cir. 1999). 3 The Court left open the possibility, but declined to rule, that recklessness would also satisfy the mental-state requirement under the facts of the case.

12018–2018
Reid v. Employers Mutual Liability Insurance green
illappct · 1973
1 sentence

2005Reid v. Employers Mutual Liability Insurance Co., 14 Ill.

12005–2005
State Auto Mutual Insurance v. McIntyre Ex Rel. Buck green
alnd · 1987
1 sentence

1994Ala. 1987), 652 F. Supp. 1177 ; but see Davis, 612 So. 2d at 461-62 (repudiating and rejecting McIntyre’s embrace of the subjective-intent test as an erroneous interpretation/ prediction of Alabama law); Fore, 785 F. Supp. at 949-54 (same).) The third approach is the objective reasonable person standard, which inquires whether a reasonable person would have foreseen that his action would cause harm.

11994–1994

Where else courts name it

TX 16 (2001–2024) CA 12 (1990–2026) WI 9 (1996–2020) PA 8 (1992–2022) IL 8 (1994–2026) CO 7 (2002–2016) AK 5 (1980–1995) NJ 5 (1988–2025) WA 4 (2019–2026) DC 4 (1992–1992) OH 4 (2001–2018) AR 4 (2002–2025) IN 4 (2005–2017) DE 3 (2007–2025) FL 3 (2009–2025) NC 3 (2009–2017) MA 2 (1987–1998) OR 2 (2010–2020) SD 2 (2000–2005) MI 2 (2004–2019) NH 2 (1984–1988) VA 2 (2003–2007)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check