M Civ JI 13.03 Mental Illness - Adult

An adult who is disabled by reason of mental illness must still observe the same standard of care which a normal and reasonably careful person would exercise under the circumstances which existed in this case.

Comment

No Michigan cases have been found on this subject.

However, the general rule outside of Michigan is that unless the actor is a child, mental illness does not relieve him or her from liability for conduct which does not conform to the standards of a reasonable person under like circumstances. Restatement (Second) of Torts §283 B, at 16–17.

History

M Civ JI 13.03 is a revision of SJI 13.03. Amended February 1, 1981.