Other Special Negligence Duties

Question 1

Negligence Per Se

Answer 1

A clearly stated specific duty imposed by statute providing for criminal penalties may replace the more general common law duty of care if:
1) the plaintiff is within the protected class of the statute; and
2) the statute was designed to prevent the type of harm suffered by the plaintiff.

If the above requirements are proven, the violation of the statute establishes a CONCLUSIVE PRESUMPTION of duty and breach. (still must prove causation and damages)

NOTE - even though violation of a statute may constitute negligence, compliance with a statute will not necessarily establish due care

Question 2

GA Negligence Per Se

Answer 2

A tort cause of action will not be implied from the violation of a criminal statute enacted after July 1, 2010.

The right to a civil action must be expressly stated in the statute, or exist independently of the statute for a tort cause of action to be brought for the violation of a criminal statute.

Question 3

Excuse for Violation of Statute

Answer 3

Violation of some statutes may be excused where compliance would generally cause more danger than violation or where compliance would be beyond the defendant’s control.

In such case, the objective reasonable person standard applies.

Question 4

Affirmative Duty to Act

Answer 4

Generally, one does not have a legal duty to act - there is no duty to rescue

However, one may be imposed when
1) there is a special relationship
2) the defendant’s conduct created the plaintiff’s peril; or
3) the defendant voluntary assumed the duty by acting

Question 5

Special Relationship (Duty to Act)

Answer 5

A special relationship between the parties (Parent-child) may create a duty to act.

Common carriers, innkeepers, shopkeepers, and others that gather the public for a profit owe duties of reasonable care to aid or assist their patrons.

Places of public accommodation have a duty to prevent injury to guests by third persons

Question 6

Good Samaritan Statutes

Answer 6

Generally, a person who voluntarily assumes care or rescue will be held liable if they fails to act under the objective reasonable person standard.

However, many states have good samaritan statutes which exempt doctors, nurses … from liability for ordinary, but not gross, negligence

GA - in GA the statute excerpts from liability for ordinary negligence but not only members of the medical profession but also members of the public who act voluntarily and gratuitously to render emergency treatment

Question 7

Common Carriers and Innkeepers

Answer 7

They are held to a very high degree of care - they are liable even for slight negligence

However, for the higher standard to apply, the plaintiff must be a passenger or guest

Question 8

Automobile Driver

Answer 8

A guest in a car is owed a duty of ordinary care.

Question 9

Emergency Situations

Answer 9

The defendant must act as a reasonably prudent person would under the same emergency situations.

The emergency is not considered if it is of the defendant’s own making