If a person is knocked unconscious while driving and hits a little boy walking on the sidewalk, is the unconscious person liable for injuries sustained to the little boy?
More facts:
The person was knocked unconscious by a piece of wood that broke from a board that a truck ran over in the gutter section of the road. Half of the board is on the curb, half in the gutter. The truck had swerved to avoid a cat that ran into the street, which unfortunately the truck ran over the board in the gutter.
Under "Duty of Care" it states a "reasonable person standard". Under this standard, the courts attempt to determine how an objective, careful, and conscientious person would have acted in the same circumstances and then measure the defendant's conduct against the standard. It also states that certain impairments do not affect the reasonable person standard - example would be alcoholic standard.
I'm thinking that the unconscious person is an impairment and it DOES affect the reasonable person standard. They had no control over the car that hit the little boy. So, they are not liable. But would the person who drove the truck swerving to miss the cat be liable?
I'm thinking that the truck driver had duty of care to the person who was knocked unconscious because each person has a duty to drive their vehicles safely - no matter what's going on.
Could anyone offer any thoughts? This question is for a Business Law class. If someone could she some light, preferable someone who understands negligence cases, law students, maybe even practices/practiced law etc. Thanks :D
Rebel Yell
This is the type of case that could ( and often does) go either way. A jury could find sympathy for either party. If you were to look up similar cases, you will surely find differing reasoning for opposing rulings.
It often comes down to who is in the better position to pay for the damage.
The truck driver was ultimately controling his vehicle. Some states give partial liability.
Orignal From: Does anyone understand unintentional torts/negligence cases?
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