Standard of Care - Person Subjected To Unexpected Danger

Person Subjected To Unexpected Danger

In Cordas v. Peerless Taxi Company, 27 N.Y.S.2d 198 (1941), Justice Carlin colorfully held that a taxicab driver hijacked at gunpoint by a fleeing mugger in New York City may be excused from negligence for jumping out of the moving taxicab to save his own life, leaving the cab on an unguided trajectory towards bystanders. While some persons might choose to be singularly heroic, that standard is not one that is required for an ordinary prudent person. Such a person is held excused from liability, even if such failure might endanger others. An ordinary prudent person is not under any obligation to undertake a heroic duty at the risk of his own life. "The first duty in an emergency is to one's own self, as long as that person did not contribute to or cause the emergency." (Emergency Doctrine.)

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