A physically disabled individual accidentally injures another person while walking in a crowded store. Which standard of care applies to the physically disabled individual's conduct?
The standard of care applied to an average professional in the individual's situation
The standard of a reasonable person without considering the disability
The standard of extreme caution expected of those with physical limitations
The standard of a reasonable person with the same disability
The correct standard of care for a physically disabled individual is that of a reasonable person with the same disability. This ensures fairness by accounting for the specific limitations of the individual while still holding them to an objective standard. For example, a person who is blind would be expected to act as a reasonable blind person would under similar circumstances. The other answers are incorrect because they either impose stricter or unrealistic standards (such as perfection) or fail to account for the individual's specific disability.
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What does it mean to have a 'reasonable person standard' in legal cases?
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How do courts evaluate what a 'reasonable person with the same disability' would do?
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Why is it important to consider disabilities when determining a standard of care?