Duty to protect against 3rd persons Flashcards
The duty owed to protect against the actions of 3rd parties hinges on what concept?
The duty to control
What duties are owed by an actor in a special relationship with another?
The duty of reasonable care with regard to risks that arise within the scope of the relationship
What affects whether a relationship is deemed to be special?
The decision is based on principle or policy, usually due to the defendant’s ability to control the environment, to protect and prevent the risk, and the plaintiff’s reasonable dependency
When does a duty to protect from a 3rd person exist?
Several cases have found the duty to protect only (1) when there was a special relationship, and (2) when the risk was known or foreseeable.
When have courts imposed liability for store owners to protect their clients from the actions of 3rd parties?
when attacks by third persons were foreseeable and the business failed to take reasonable steps to protect those on its premises.
The specific harm rule for the duty of store owners
A landowner doesn’t owe a duty to protect from violent 3rd parties unless they are aware of specific imminent harm.
The prior similar incidents test for the duty of store owners
Foreseeability is established by evidence of previous crimes on or near the premises
The Totality of the circumstances test for the duty of store owners
Takes additional factors into account such as the nature, condition, and location of the land as well as any other relevant factual circumstances bearing on foreseeability.
The balancing test for the duty of store owners
Balances the foreseeability of harm against the burden of imposing the duty to protect against 3rd parties.
How is the issue of foreseeability dealt with by courts when dealing with the duty of stores to protect patrons against 3rd parties?
Holistically, considering a number of factors such as the existence of prior criminal acts
Immunity of teachers
Teachers and administrators at schools that accept federal funds are immune from liability for acts and omissions that cause harm when acting on behalf of the school.
Child abuse reporting statutes
Every state has one but not all provide a private right of action.
Liability for student on student violence
Many courts have held that school officials are liable, especially when there has been notice
Time and space considerations for the duty of schools
Harms suffered off of school grounds and after school has ended are not covered because the school has no supervisory role and the students are out of the school’s control.
The standard of care LL’s owe tenants
The standard that was in place at the time the plaintiff became a resident
