Particular Defendants Flashcards
Single standard for measuring reasonableness of the care owed to persons on property
Duty arises from the foreseeability of any person using the property and the possibility of the injury resulting therefrom
Sliding scale for measuring reasonableness of the care owed to persons on property
Foreseeability of a P’s use is based on their status (trespasser v. invitee v. licensee)
Parents as defendants
Parents do not owe a duty of care on which their child can sue for negligence
( may be removed when activities involved are insured as in Gelbam v. Gelbam- insured activity was driving)
Parents do owe a duty of care to 3rd persons injured by their negligent decisions with regards to their children as in Nolecheck v. Gesuale where dad let his visually impaired son drive a motorcycle. The son ran into steel cable a died. Father tried to sue gravel company but court held that dad created a harm to the gravel company by exposing the company to tort liability and financial harm
Example of harm to 3rd persons- Nolecheck v. Gesuale
Dad let his visually impaired son drive a motorcycle. The son ran into steel cable a died. Father tried to sue gravel company but court held that dad created a harm to the gravel company by exposing the company to tort liability and financial harm
Duty of suppliers of products
Suppliers owe a duty to all who use their products.
Examples of suppliers owing a duty
Macpherson v. Buick
Dole v. Dow (3rd persons)
Macpherson v. Buick- car collapsed from wooden wheel. Buick responsible and car dealer
Dole v. Dow- widow couldn’t sue her husband work for wrongful of chemical exposed that killed her husband but was able to sue chemical manufacturer and chemical manufacturer was then able to sue employer
Doctors duty to third persons
Doctors owe a duty to third persons who have a special relationship which is determined in terms of risk creation (I.e. Person regularly in contact with patient)
e.g. Parent, guardian, spouse
Generally not a friend as in McNulty v. The City of NY where friend tried to sue doctor for getting meningitis and instruction to avoid
Possessors of land
A property owner owes to all who come on the owners land reasonable care under the circumstances
Single standard v. Sliding scale to measure reasonableness
Lawyers duty to third persons
Lawyers do not owe a duty to a client’s adversary but may be found to owe a duty to someone in relation to the client
