Main Content
Jackson v. Axelrad ("The Spider Man Meme Case")
Make sure you note the special circumstances of this case. The case involves comparative negligence, which is a doctrine that says that if the plaintiff acted negligently, they can lose, even if the defendant also acted negligently. In this case, the court is asking the standard of care that applies to the plaintiff. Would a reasonable person have done what this plaintiff did? Does that matter?
This book, and all H2O books, are Creative Commons licensed for sharing and re-use with the exception of certain excerpts. Any excerpts from the Restatements of the Law, Principles of the Law, and the Model Penal Code are copyright by The American Law Institute. Excerpts are reproduced with permission, not as part of a Creative Commons license.