It is well-settled law that a person confronted with an emergency is not held to the same standard as one who has the opportunity to plan a response to danger. The Court of Appeals, in Rivera v. New York Transit Authority,1 articulated the applicable principle of law as follows:

This doctrine recognizes that when an actor is faced with a sudden and unexpected circumstance which leaves little or no time for thought, deliberation, or consideration, or causes the actor to be reasonably so disturbed that the actor must make a speedy decision without weighing alternative courses of conduct, the actor may not be negligent if the actions taken are reasonable and prudent in the emergency context.2

Where legal questions arise as to whether a party has acted reasonably in the context of circumstances leading to personal injury, both factual and legal questions are presented. Whether the actor was confronted with a sudden circumstance, whether that circumstance was justifiably unanticipated, and whether the actor had not caused or contributed to creating the emergency are the central factual questions. However, the trial court, in appropriate circumstances, may resolve these issues as a matter of law.3 Perhaps more often, the trial court will be called upon to instruct the jury as to the applicable standard of care in the face of an emergency, as set forth in Pattern Jury Instructions 2:14,4 including the charge that

A mistake in judgment or wrong course of action is not negligence if the person is required to act quickly because of danger.

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