April 27, 2011

The emergency doctrine.

Practice point: In a sudden or unexpected circumstance where there is no time for thought, deliberation or consideration, the actor may not be liable for negligence if the actions taken were reasonable and prudent.

Students should note that the reasonableness of an actor's response is ordinarily a question of fact.

Crawford-Dunk v. MV Transp., Inc., NY Slip Op 03019 (2d Dept. 2011).


Tomorrow's issue is workers' compensation.