Applying the Physical Disability Reasonable Person Standard Under Negligence Law to Persons with Autism

Abstract

This Note will discuss the prevailing importance of changing how ASDs are viewed under the reasonable person standard in negligence law. First, this Note will give an overview of negligence under the Second and Third Restatements of Torts (“the Restatements”). Then, this Note will examine case law in which the reasonable person standard for negligence has been applied to mental deficiencies and physical disabilities. Subsequently, this Note will provide an overview of ASDs through a discussion of the findings of various medical studies. Furthermore, this Note will discuss different symptoms that come with disabilities the courts have identified, or would likely identify, as physical disabilities. Finally, this Note will argue: (1) symptoms caused by ASDs are similar to symptoms present in physical disabilities that courts already recognize; (2) courts should apply a physical disability reasonable person standard when these symptoms give rise to a negligence claim; and (3) doing so will not undermine policy considerations.