Also known as: sudden emergencies · sudden emergency doctrine
Written by attorneys · grounded in primary & secondary sources — see below
A circumstance taken into account when assessing whether a person's conduct meets the standard of reasonable care under the circumstances. The existence of an unexpected situation requiring rapid decision is weighed as one element in judging the reasonableness of the choice made.
Sean Steele drove a city bus along a highway when a car ahead suddenly skidded sideways into his lane. With only a moment to react, Sean swerved sharply onto the shoulder. A standing passenger fell and was injured. The sudden emergency is treated as one of the circumstances in judging whether Sean's choice to swerve was reasonable.
Sylvia Santos rode as a passenger during a test drive when an oncoming truck drifted into their lane. Seeing the driver freeze, Sylvia grabbed the wheel and steered onto the shoulder, striking a parked vehicle and injuring a pedestrian. The sudden emergency is treated as one of the circumstances in judging whether Sylvia's conduct was reasonable.
Select any source to read its text and confirm it supports the definition.
Sebastian Santos managed a hotel where management had earlier disabled a malfunctioning fire alarm. When a real fire broke out, the desk clerk directed guests into a smoke-filled corridor. A guest was injured. The sudden emergency is treated as one of the circumstances in judging the clerk's response even though prior conduct remains subject to scrutiny.
No. The emergency is simply one circumstance that shapes what counts as reasonable care. A jury still evaluates whether the response fell within the range of choices a reasonably prudent person might make under the pressure of the moment.
Yes. Reasonable conduct after the emergency arises does not erase liability for earlier tortious conduct that produced the emergency conditions. The two inquiries remain separate.
The same principle applies. The fact that the plaintiff faced a sudden emergency requiring rapid decision is one factor in determining whether the plaintiff's conduct was reasonable.
No. It does not replace the reasonable-person standard. The emergency is merely one of the circumstances that define what a reasonably prudent person would do.
…while somewhat more sweeping than a curfew regulation, is of the same nature, — a temporary expedient made necessary by a sudden emergency. This, I think, is a substitution of an hypothetical case for the case actually before the court. I might agree with the court's disposition of the hypothetical case.[^maj-10] The liberty…