Under the Doctrine, a Defendant Remains Liable If He or She

question 29

Short Answer

Under the doctrine, a defendant remains liable if he or she had an opportunity to avoid the harm that occurred to the plaintiff and failed to do so, assuming the plaintiff did not have such an opportunity. This doctrine is not applicable, however, in the case in which the defendant's original act of negligence prevents him or her from avoiding the accident.

---

Definitions:

Competency To Stand Trial

A legal determination that a defendant has the mental capacity to understand the charges against them and participate in their defense.

Mental Health Assessment

A tool used by healthcare professionals to evaluate an individual's psychological, emotional, and social well-being.

First DSM

The initial edition of the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association in 1952 to standardize psychiatric diagnosis.

Published

The process of making content available to the public, typically through books, journals, or online platforms.