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Legal Definitions - emergency doctrine

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Definition of emergency doctrine

The emergency doctrine is a legal principle that excuses a person from the usual standard of reasonable care if they are faced with an emergency situation that leaves little or no time for thought, deliberation, or consideration. This means that if someone is in an emergency situation, they may not be held responsible for any harm caused if they acted reasonably and prudently in that situation.

Here are some examples of how the emergency doctrine might apply:

  • If a driver suddenly swerves into your lane and you have to quickly swerve to avoid a collision, you may not be held responsible for any damage caused to other vehicles or property if your actions were reasonable and prudent in the emergency context.
  • If a person is choking and you perform the Heimlich maneuver to save their life, you may not be held responsible for any injuries caused if you acted reasonably and prudently in the emergency context.

These examples illustrate how the emergency doctrine can apply in different situations. In both cases, the person was faced with an emergency situation that required quick action. If their actions were reasonable and prudent in that situation, they may not be held responsible for any harm caused.

The law is reason, free from passion.

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Simple Definition

The emergency doctrine is a legal principle that says if someone is in a dangerous situation and doesn't have time to think, they can't be blamed for not being careful. If they didn't cause the emergency and did what they could to be safe, they won't be considered careless. The court will decide if the situation was an emergency and if the person's actions were reasonable.

The difference between ordinary and extraordinary is practice.

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