Defenses and Affirmative Defenses
Liability Defenses
The doctrine applies where a person confronts a sudden unforeseen situation not of their own making and must act without time for deliberation. Conduct is measured against what a reasonable person would do in that emergency.
Several states have abandoned the instruction.
Alternative Names:
Sudden Emergency, Emergency Doctrine
Why it Matters?
The requirement that the emergency not be of the actor's own making is where the doctrine most often fails, since a driver following too closely who then swerves has created the emergency rather than encountered one. Several states have abolished the separate instruction on the ground that the ordinary reasonableness standard already accounts for circumstances, which is worth confirming before requesting it.
Frequently Confused with
Related terms
Frequently asked questions
When does the doctrine fail?
Is the instruction available everywhere?
