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3.6-9  Standard of Care of Person Suffering from an Infirmity

Revised to January 1, 2008

A person suffering from an infirmity is under a duty to use the same degree of care that a reasonably prudent person with the same infirmity would use in the same circumstances.

Authority

Muse v. Pate, 135 Conn. 219, 223 (1939) (visual impairment); Kerr v. Connecticut Co., 107 Conn. 304, 308 (1928) (hearing impairment).

Notes

Advanced age is not, in and of itself, an infirmity.  LeCourt v. Farrand, 118 Conn. 210, 213 (1934).

This standard pertains to common-law negligence only.  Questions of statutory negligence must be resolved by construction of the statute in question.