Burson was a blind man who operated a concession stand in a post office in Louisiana. Burson left his stand to go to the bathroom and did not carry his cane.
On his way there, Burson collided with P (a 75-year-old man) and broke P's hip.
P sued the state in negligence under respondeat superior.
Procedural History:
Trial court dismissed P's claim.
LA COA affirmed, dismissed P's claim.
Issues:
Is there a different standard of care necessary in negligence cases involving physically handicapped people?
Holding/Rule:
The standard of care differs between ordinary people and those with physical handicaps when dealing in negligence.
Reasoning:
The court must find that Burson was negligent in order to find the state liable.
From Prosser, a blind man cannot be held to the same standard of care as a man who is not.
The conduct of a person with a handicap must be reasonable in light of "his knowledge of his infirmity, which is treated merely as one of the circumstances under which he acts."
Burson stated that he used his facial sense to find his way and that he knew the building very well.
Experts testified that blind people do not usually use their canes when they know the building.
Thus, P failed to show that Burson was negligent in the way that he was walking or that he was not paying attention.
