The sudden emergency defense is a valuable tool for litigators. It applies when a person is faced with a sudden and unexpected circumstance that is not of his own making. Someone faced with such an emergency and who acts without an opportunity to consider the alternatives is not negligent if he acts as a reasonably prudent person would act in the same emergency. Caristo v. Sanzone, 96 N.Y.2d 172 (2001); Bello v. Transit Auth. of N.Y. City, 12 A.D.3d 58 (2d Dept. 2004); Rivera v. New York City Tr. Auth., 77 N.Y.2d 322 (1991).
The reasoning behind this doctrine stems from the notion that a party faced with an emergency situation “cannot be expected to adhere to the same accuracy of judgment as someone who has had the full opportunity to reflect.” Caban v. Vega, 226 A.D.2d 109, 111 (1st Dept. 1996).
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