One who is ill or otherwise physically disabled is required to use the same degree of care that a reasonably careful person who has the same illness or physical disability would use.

Note on Use

This instruction does not apply where voluntary intoxication or mental illness is involved. For the appropriate instructions in those cases see M Civ JI 13.02 and M Civ JI 13.03.

Comment

Physical handicaps and infirmities, such as blindness, deafness, short stature, a clubfoot, or the weakness of age or sex, are treated as part of the circumstances under which a reasonable person must act. Thus the standard of conduct for a blind person becomes that of a reasonable person who is blind. Restatement (Second) of Torts §283 C, at 18.

The same allowance is made for physical illness. Thus a heart attack or a temporary dizziness due to a fever or nausea or other similar illnesses is regarded merely as circumstances to be taken into account in determining what the reasonable person would do. Id.

This rule has been recognized in Michigan. See Daniels v Clegg, 28 Mich 32, 41 (1873); Clemens v Sault Ste Marie, 289 Mich 254, 256; 286 NW 232, 233–234 (1939).

The rule has been applied in the following Michigan cases: Armstrong v Cook, 250 Mich 180; 229 NW 433 (1930) (fainting); Covert v Randall, 298 Mich 38, 42; 298 NW 396, 397 (1941) (deaf mute); and Jakubiec v Hasty, 337 Mich 205, 212; 59 NW2d 385, 388 (1953) (deaf mute).