The law typically holds individuals with mental disabilities to the same legal duties as those without such disabilities. However, exceptions can occur when the disability significantly impairs the individual’s ability to understand or control their actions. Public policy may also influence the imposition of duty to prevent unfair burdens on those incapable of adhering to standard expectations.
For example: A child wanders onto the property of an individual with severe cognitive impairments who accidentally harms the child. Given the caretaker was not present, and the individual’s inability to comprehend the situation, courts might find that no duty was breached due to the mental disability.