Other Special Negligence Duties

Question 1

Statutory Standards of Care

Answer 1

• negligence per se
• a clearly stated, specific duty imposed by a statute providing for CRIMINAL penalties (including fines for regulatory offenses + ordinances, such as for speeding) may replace the more general common law duty of care if:
  -> the pl is within the protected class AND
  -> the statute was designed to prevent the type of harm suffered by the plaintiff

Question 2

Statutory Standards of Care - Excuse for Violation

Answer 2

• violation may be excused where compliance would cause more danger than violation or where compliance would be beyond defendant’s control

Question 3

Statutory Standards of Care - Effect of Violation or Compliance

Answer 3

• negligence per se (majority view)

Means an unexcused statutory violation establishes the first two requirements in the prima facie case:
-> a conclusive presumption of duty and breach of duty
- compliance with the statute will not necessarily establish due care though

Question 4

Affirmative Duties to Act

Answer 4

• generally, one does NOT have a legal duty to act and there is NO duty to rescue

Exceptions:
- special relationship between the parties
- peril due to own conduct
- assumption of duty by acting
- duty to prevent harm from third persons

Question 5

Affirmative Duties to Act - Special Relationship Between Parties

Answer 5

• special relationship between parties may create a duty to act
• common carriers, innkeepers, shopkeepers, + others that gather the public for profit owe duties of reasonable care to aid or assist their patrons
• places of public accommodation have a general duty to prevent injury to guests by third persons

Question 6

Affirmative Duties to Act - Peril Due to Own Contact

Answer 6

• one has a duty to assist someone they have negligently OR innocently placed in peril

Question 7

Assumption of Duty by Acing

Answer 7

• one may assume a duty to act by acting
  -> once def undertakes to aid someone, they must do so with reasonable care

EXCEPTION: Good Samaritan statutes -> exempt doctors, nurses, etc. from ordinary, but not gross, negligence

Question 8

Duty to Prevent Harm from Third Persons

Answer 8

• generally no duty to prevent a third person from injuring another
• an affirmative duty may be imposed f one has the actual ability and authority to control a person’s actions, and knows or should know the person is likely to commit acts that would require exercise of this control

Question 9

Standard of Common Carriers + Innkeepers

Answer 9

• held to a very high degree of care
• liable for slight negligence

Question 10

Standard of Automobile Driver to Guest

Answer 10

• a guest in an automobile is owed a duty of ordinary care
• in the few guest statute states, one is liable to nonpaying passengers only for reckless, tortious conduct

Question 11

Bailment Relationship

Answer 11

• in bailment relationship, bailor transfers to bailee possession of the chattel but not title

Question 12

Bailment - Duty Owed by Bailee

Answer 12

Bailee’s standard of care depends on who benefits from the bailment:
1) for a sole benefit of the bailor bailment, there is a low standard of care
2) for a sole benefit of the bailee bailment, there is a high standard of care
3) for a mutual benefit bailment, there is an ordinary standard of care

• modern trend applies duty of care under the circumstances -> type of bailment is just one factor taken into account

Question 13

Duties Owed by Bailor

Answer 13

• when bailment is for sole benefit of bailee, bailor must inform bailee of know, dangerous defects in the chattel
• for a bailment for hire, bailor must inform bailee of chattel defects of which they are or should be aware

Question 14

Emergency Situations

Answer 14

• def must act as a reasonably prudent person would under the same emergency conditions
• the emergency is not to be considered, however, if it is of the defendant’s own making