In Florida, when reviewing the element of Duty in a Negligence case, the courts apply an objective standard of care known as the “Reasonable Prudent Person” standard of care that compares the Defendant to a Reasonable Prudent Person and asks the following question:
“How would a Reasonable Prudent Person have acted in a similar situation?”
Do the facts in your case show that the Defendant failed to act as a reasonable prudent person by violating the statute in question?
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Edgar J. Guzman