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Torts • Negligence
TORT#035
Legal Definition
During an emergency, one must act as a reasonable person under emergency conditions.
Plain English Explanation
The duty of care expected of a reasonably prudent person can vary depending on their immediate circumstances. In emergency situations, it would be expected that a reasonably prudent person may act in ways that would not be acceptable in non-emergency situations.
Hypothetical
Hypo 1: Bob is driving his car on a 1-lane road. The car in front of him breaks down. Bob decides to drive around the car, up onto the public sidewalk where numerous pedestrians have to step out of the way of Bob's car. Result: Bob did not act as a reasonably prudent person. A reasonably prudent person would have waited for the car to move out of the way, or even attempted to turn down an alternative route.
Hypo 2: Bob is driving his car on a 1-lane road, fleeing from a tidal wave caused by a recent tsunami. The car in front of him breaks down. Bob decides to drive around the car, up onto the public sidewalk, where numerous pedestrians have to step out of the way of Bob's car. Result: So long as Bob did not endanger the lives of the pedestrians, then his actions are arguably those of a reasonably prudent person attempting to flee a tsunami. The law wouldn't expect Bob to sit in his car, or even abandon it and try to flee on foot. It's worth noting, though, that even under an emergency, a reasonably prudent person will not choose to harm others (driving through a crowd, or shoving people to the ground).
Hypo 2: Bob is driving his car on a 1-lane road, fleeing from a tidal wave caused by a recent tsunami. The car in front of him breaks down. Bob decides to drive around the car, up onto the public sidewalk, where numerous pedestrians have to step out of the way of Bob's car. Result: So long as Bob did not endanger the lives of the pedestrians, then his actions are arguably those of a reasonably prudent person attempting to flee a tsunami. The law wouldn't expect Bob to sit in his car, or even abandon it and try to flee on foot. It's worth noting, though, that even under an emergency, a reasonably prudent person will not choose to harm others (driving through a crowd, or shoving people to the ground).
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