Deviations from RPP:
*Common Carrier Standard – Utmost care standard; strict liability
Andrews v. United Airlines (overhead compartment case)
– Standard is that of a reasonable person of like
4. Like circumstances
– Use adult standard when
1. Inherently dangerous activity (not skiing-Gross v. Allen)
2. Dangerous instrumentality
3. Trained in adult activity (Q. is whether it requires a license? *Dellwo v. Pearson – speedboat held to adult standard of care)
– Supervisor/parent may be liable
iii. Physically disabled standard is reasonable person under like disability (Fletcher v. City of Aberdeen – blind man held to standard of the reasonably prudent blind person)
iv. Mentally incompetent – no relief from liability; standard = reasonable man under like circumstances (God told driver to fly)
v. Voluntary Intoxication – impairment is disregarded; standard = same as though not intoxicated (Robinson v. Pioche, Bayerque & Co. – A drunken man is as much entitled to a safe street as a sober one, and much more in need of it.
vi. Emergency situations — (Lyons v. Midnight Sun Transportation; man who pulled out in front of truck; with or without emergency, the standard of care a person must exercise is still that of a RPP under the circumstances.
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