Defining Negligent Risk:

• Conduct falling below the standard of care (defined by a reasonable person) for the protection of others against unreasonable risks of harm.  Not enough that the defendant caused injuries, there must have been an unreasonable risk.  Society lays blame on unreasonable risks. 
• An unreasonable risk: a risk that caused foreseeable harm due to conduct or omission, which a reasonably prudent person would or would not have done under those circumstances. 
• Foreseeability = such that a person of ordinary prudence would expect to occur or exist under the circumstances.

UR v. MR

• If the magnitude of the risk is greater than the utility of the risk, it is an unreasonable risk = Negligence.  
• Magnitude of the risk:

1.  Social value (life v. property damage)

2. Probability (how likely harm will occur)

3. Extent of harm

4. Number of persons 

• Utility of the risk:

1. Social value (of interest)

2. Probability (does conduct advance useful interest?)

3. Availability of other options.