What standard is typically applied to a person who is mentally or emotionally disabled in a tort case?

In tort law, the standard applied to a person who is mentally or emotionally disabled typically aligns with the standard of ordinary intelligence and knowledge. This approach acknowledges that while individuals with mental or emotional disabilities may not function at the same level as those without such disabilities, they are still expected to meet a baseline of reasonable conduct that aligns with the actions of an average person under the same circumstances.

This standard allows for the possibility that the defendant’s abilities may differ due to their condition, yet it does not excuse them from liability entirely. They are held to the same expectations as an average person regarding negligence, taking into account their abilities and circumstances. This is important in ensuring that individuals are not held to a lower standard merely because of their disabilities, which could lead to unfair judgments against them.

In contrast, the other options propose standards that either underestimate the abilities of individuals with disabilities (such as a lower than average intelligence or treating them as if they have no disabilities) or raise expectations unrealistically (such as exceptional intelligence). Thus, applying the standard of ordinary intelligence recognizes the need for compassion and understanding while still upholding accountability in tort law.