Sudden Emergency Doctrine

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Sudden Emergency Doctrine

The sudden emergency doctrine was developed by the courts to recognize that a person confronted with sudden or unexpected circumstances calling for immediate action is not expected to exercise the judgment of one acting under normal conditions. See W.P. Keeton, D. Dobbs, R. Keeton & D. Owen, Prosser and Keeton on the Law of Torts § 33, at 196 (5th ed.1984) [hereinafter Prosser and Keeton].

[T]he basis of the special rule is merely that the actor is left no time for adequate thought, or is reasonably so disturbed or excited that the actor cannot weigh alternative courses of action, and must make a speedy decision, based very largely upon impulse or guess. Under such conditions, the actor cannot reasonably be held to the same accuracy of judgment or conduct as one who has had full opportunity to reflect, even though it later appears that the actor made the wrong decision, one which no reasonable person could possibly have made after due deliberation.

Id. The doctrine does not, however, impose a lesser standard of care on a person caught in an emergency situation; the individual is still expected to respond to the situation as a reasonably prudent person under the circumstances. The emergency is merely a circumstance to be considered in determining whether the actor's conduct was reasonable. Id. at 196-97. See also Restatement (Second) of Torts § 296(1) comment b (1977) ("Among the circumstances which must be taken into account is the fact that the actor is confronted with [a sudden] emergency...."). Thus, a person may be found negligent if his actions are deemed unreasonable, despite the emergency. Prosser and Keeton § 33, at 197. The sudden emergency doctrine is available in a number of emergency situations and is used by both plaintiffs and defendants to counter charges of contributory and primary negligence. It is most commonly applied in the context of claims arising from motor vehicle accidents, as in the case of Young v. Clark.