Other Special Negligence Duties

Question 1

Statutory Standards of Care

Answer 1

A cleary stated specific duty imposed by statute providing for CRIMINAL PENALTIES (incl regulatory offenses and ordinances) may replace the more general common law duty of due care if:

1) P is within the protected class
–short of the public as a whole
2) The statute was designed to prevent the type of harm suffered by the plintiff
–more specific than “accidents”

Two steps:
1) Legal: Statute is legally appropriate
2) Factual: D violated statutte
Makes it negligence per se

Question 2

Exceptions to Statutory Standards of Care

Answer 2

1) COmpliance with statute would have been more dangerous under the given circumstances

2) Complaince would have been impossible

Question 3

Affirmative Duties to Act

Answer 3

Generally, one doesn’t have a duty to act. No duty to rescue.

Question 4

Exceptions where there is a duty to act

Answer 4

1) Preexisting relationship between parties
–parent-kid; common carriers; innkeepers; shopkeepers

2) Defendant caused peril

3) Assumed duty by acting
–BUT may states have adopted good samaratian laws: insulating negligent rescuers from liability

NOTE: Not necessairly a duty to rescue. Just a duty to act reasonably under the circumstances.