Approaches to Duty of Rescue Flashcards
ROT(2nd) #314: Some Jurisdictions
The fact the actor realizes that action on his part in necessary for another’s aid or protection does not impose upon him a duty to take such action.
ROT (3rd) #37: Some Jurisdictions
An actor whose conduct has not created a risk of physical harm to another has no duty of care to the other unless a court determines that one of the affirmative duties in other sections in the Restatement is applicable.
ROT (3rd) Relationship Exceptions
(a) Innkeeper to reasonably protect guests
(b) If potential rescuer voluntarily took custody of rescuee under circumstances where care to protect against harm is expected (Ex. Summer Camp counselor and his campers).
ROT (3rd) #43: Expanding “Voluntarily Undertaking Reasonable Care”
An actor who undertakes rendering services to another has a duty of reasonable care in conducting the undertaking if:
(a) Failure to exercise such care increases the risk of harm beyond what existed w/o it, OR
(b) Person to whom services are rendered/another relies on rescuer exercising reasonable care.
Erie R. Co. (’30): Voluntary Reliance Trap
Court; “B/c company voluntarily provided a watchman for some time, it created a reliance within the public & a duty of reasonable care owed to them.
ROT (2nd) #322: When you cause the situation
“If actor has reason to know that b/c of his conduct, tortious or innocent, caused such bodily harm to another so that he’s helpless & in danger of future harm, that actor is under a duty to exercise reasonable care to prevent such further harm…”
Tubbs (’67): You created the perilous situation, you have duty to other person
Court quotes ROT 322 and held b/c D was driver of crashed car, driving legally or negligently, he had a duty to prevent further harm to Tubbs after the crash.
Tarasoff (‘76) and the duties of a Third Party to protect the Plaintiff
In case the “DTP” relationship was; 3rd had duty to protect P from D.
Court quotes ROT (2nd) #315(b); “a special relationship between the actor and the other which gives the other a right of protection.” They break from “DTP” tradition and hold, “Depending on situation, a Third Party may have a duty to protect the plaintiff.”
