Tort law presupposes some uniform standard of reasonable conduct for the protection of others against unreasonable risks (12). As such, persons generally have a duty to conform their conduct in light of the apparent risk (13). Applied to persons suffering from disease, general negligence principles recognize that it is reasonable conduct for such persons to refrain from seeking treatment (14). Nonetheless, the law requires persons with specific types of infections or mental or physical conditions to take reasonable precautions to protect the health and well-being of third parties (15). Thus, persons who are aware of their sleep apnea and its effects on their daytime performance have joined the class of individuals charged with a duty to take reasonable precautions in light of their disease.
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