Negligence: Duty

Question 1

Negligence

Answer 1

Duty, Breach, Causation, Damages

Question 2

Duty

Answer 2

Owed to all foreseeable plaintiffs

Question 3

Foreseeable v. Unforeseeable Plaintiffs

Answer 3

Foreseeable is can establish a reasonable person would have foreseen risk of injury to plaintiff under the circumstances.

Question 4

Duty Owed in Specific Situations (Rescuers)

Answer 4

Rescuers are a foreseeable plaintiff where defendant negligent put himself or third person in peril.

EXCEPTION: Firefighter Rule, police/firefighters barred from recovering from injuries caused by the risk of a rescue.

Question 5

Duty Owed in Specific Situations (Pre-Natal)

Answer 5

Duty owed to viable fetus.

A child may not recover for wrongful life, but parents may recover damages for wrongful birth/pregnancy, for any additional medical expenses and pain and suffering from labor.

Question 6

Duties Owed in Specific Situations (Intended Economic Beneficiaries)

Answer 6

3rd parties whose economic benefit by a legal/business transaction was made may be a foreseeable plaintiff.

Question 7

Affirmative Duty to Act

Answer 7

Generally no duty to act:

EXCEPTIONS: Assumption of duty, Creation of Peril, Relationship, Duty to Control Third Persons