👀
Torts • Defenses to Negligence
TORT#059
Legal Definition
Emergency is a defense to negligence, so long as the defendant did not cause the emergency. It excuses a lower standard of care during an emergency to that of a reasonable person under the same emergency circumstances.
Plain English Explanation
The law expects people provide a duty of care of a reasonably prudent person under the circumstances. So, when the circumstances are chaotic due to an emergency, people are expected to act as a reasonably prudent person would act during an emergency. This is generally a lower-standard of care that excuses actions that may otherwise be negligent under non-emergency conditions.
Visual Aids
Related Concepts
In assessing negligence, what is assumption of risk?
In assessing negligence, what is comparative negligence?
In assessing negligence, what is contributory negligence?
In assessing negligence, what is the last clear chance rule?
What are the defenses to negligence?
When is contributory negligence of a third party imputed to a plaintiff?
