Sleep deprivation categories

Figure 2 Perceived exertion (RPE) during sustained biceps curl (a) and deadlift (b), rated for breathing, muscle, and general whole-body feeling. The CRS scale refers to category ratio. Day 1 indicates a baseline day after a normal sleep, and PSD refers to partial sleep deprivation. (From Ref. 37.)...

The courts have grappled with how to apply the mens rea and actus reus requirements to defendants who are asleep or unconscious. The criminal law reveals two main categories of cases related to sleep deprivation. The first involves a situation where the act of falling asleep or losing consciousness causes harm, as in the case of a sleepy driver. The other concerns a person who, while asleep or unconscious, performs an act that causes harm, as in the case of a person who, while asleep, kills his roommate. Before discussing these categories in detail, we review the two essential elements of criminal liability and how they relate to sleep deprivation. 

Cases in which civil liability claims or defenses are asserted for conduct arising out of sleep disorders or sleep deprivation generally fall into four broad categories. The first involves an action against a person for harm caused by his or her own lapse of consciousness. This category of cases includes drivers who have lost consciousness as the result of sleep deprivation, a heart attack, or other unforeseeable sudden ailment. 

Finally, there is a category of cases that involve contributory negligence on the part of the plaintiff. If the defendant can prove that the injured party was partly at fault, then the plaintiff s claim might be reduced by a certain percentage. For instance, if the plaintiff s own sleep deprivation helped cause his injury, then his compensation from the defendant may be reduced or denied. 

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