7.14 NEGLIGENCE — EFFECT OF PHYSICAL IMPAIRMENT

7.14             NEGLIGENCE — EFFECT OF PHYSICAL IMPAIRMENT (Approved 5/91)

          A person with a physical impairment is required to act with the same degree of care as an ordinary careful person with a similar impairment or disability would have exercised under the same or similar circumstances.

Cases: 

Berger v. Shapiro, 30 N.J. 89, 102 (1959); Butelli v. J.C.H. & R. El. Ry. Co., 59 N.J.L. 302, 306 (Sup. Ct. 1896); 2 Harper & James, The Law of Torts §16.7.

Source: https://njcourts.gov/attorneys/civilcharges.html