Roberts v. State of Louisiana
Louisiana Court of Appeals
396 So.2d 566 (1981)
Mike Burson, a blind concession-stand operator with special mobility training, left his stand without his cane -- as he often did for short, familiar trips -- and bumped into William Roberts (plaintiff) on his way to the bathroom, causing Roberts to fall and injure his hip. Roberts sued the State of Louisiana (defendant), which operated the stand, for negligent supervision, and expert testimony at trial showed that most blind people don't use a cane in familiar, busy indoor settings because it can actually be more of a hazard there, though Roberts's own expert disagreed. The trial court dismissed the suit, and Roberts appealed.
Whether a disabled individual may be found negligent if he takes the same precautions an ordinary reasonable person would take under the circumstances if that person had the same disability.