The Emergency Doctrine:A case against a young New York woman whose bikini top was untied by a prankster passenger was dismissed by the New York Appellate Division, 2nd Department in a fatal car accident that followed the incident

Brittany Lahm was held not liable for a car accident that killed one teen and injured several others in July 2008 while she was driving back from the beach with other teenager friends in the car. Brandon Berman, a 19 year old passenger, playfully untied her bikini top. She lost the control of the vehicle as she took her hands off the wheels to cover up. The car hit a guard rail and flipped killing Berman and injuring other passengers.

The Appellate Division citing The Emergency Doctrine held “that Brittany did not anticipate that Berman would suddenly pull the strings on her bikini top, thereby causing the top to fall and her breasts to be exposed” and that it constituted “a sudden and unforeseen emergency not of her own making.”