Duty Flashcards
Generally, a person only owes a duty to
Foreseeable Plaintiffs to act as a reasonably prudent person
Rescuers
If the D negligently puts the rescued party in danger, then he is liable for the rescuers injuries
Therapist
When a patient has made credible threats of physical violence against a 3rd party, the therapist has a duty to warn the victim
A person who rescues another
Has a duty of reasonable care in the performance of that rescue/aid
A person who places another in peril
Has a duty to exercise reasonable care to prevent further harm by rendering aid
An affirmative duty to act can be created by
Contract, a special relationship, or statue
A parent had a duty to
control a child he knows/should know could cause harm
Va Good Samaritan statue
Shield form liability those who render emergency care in good faith and without compensation
Also applies to people who render emergency assistance to an animal
protects people who render emergency care to a woman in labor for everything but gross negligence when medial records are not available
VA Good Samaritan statue protects First responders who
1) Comply with siren laws
2) are not grossly negligent
3) Do not engage in willful or wanton misconduct
In Virginia, an employer is not liable for negligence based on a duty to supervise
however under the MBE there is