Special duty rules in negligence

Question 1

Duty to act?

Answer 1

No duty to act in general, but when they decide to act they need to exercise reasonable care

Question 2

Duty to rescue

Answer 2

∆ does not have a duty to act unless they’re the one who placed π in a perilous position- when rescuing, j has a duty not to injure another by negligent rescuing

Question 3

when a rescuer gets hurt-

Answer 3

injured rescuer can sue the party that caused the danger requiring rescue- must show that the ∆ proximately caused their injuries

Question 4

how to get rescuer status

Answer 4

1. ∆s negligente caused the need for the rescuee to need to be rescued
2. peril was imminent
3. reasonably prudent person would have concluded peril existed
4. rescuer acted w reasonable care in effectuating the rescue

Question 5

when rescuer is a firefighter/cop

Answer 5

those professions may not recover based on negligent conduct that required their presence

Question 6

mental health professionals duties to third parties

Answer 6

duty to warn others when their is an immediate threat of substantial bodily injury and the threat is made against a specific person

Question 7

duty of medical drs to 3rd parties

Answer 7

physicians have a duty to third parties (patients families) to inform them of diagnosis and the foreseeable risks that come from the diagnosis

Question 8

employers duty to third parties

Answer 8

When due to an employees incapacity, employer exercises control over the employee, employer had a duty to take action as a reasonably prudent employer to prevent employee from causing unreasonable risk to others

Question 9

NIED

Answer 9

no duty not to negligently cause emotional distress

Question 10

impact rule

Answer 10

when ∆s negligence causes an impact to πs body- its allow πs to recover on a parasitic basis

Question 11

zone of danger rule

Answer 11

where negligence caused fright in one in the immediate area of physical danger from that negligence which produced physical consequences- injured party entitled to recover under application of prevailing principles of negligence law

Question 12

Dillon rule

Answer 12

When deciding if π may recover for ED, π must suffer a physical injury then the ct will consider:
1. Whether π was located near the scene of the accident
2. whether shock resulted from direct emotional impact upon π
3. Wether π and victim were closely related (by marriage or blood)

Question 13

Economic only harms

Answer 13

No duty where πs sole injury is economic loss when there’s no personal injury or property damage

Question 14

Duty to ordinary trespassers

Answer 14

landowner has a duty to refrain from reckless, wanton, or willful conduct

Question 15

Criminal trespasser

Answer 15

landowner has duty only to not intentionally hurt trespasser

Question 16

attractive nuisance doctrine

Answer 16

1. Possessor of land is subject to liability for physical harm to children trespassing thereon caused by artificial conditions upon land if:
   a. Place where condition is makes landowner know, or likely to know, that children are likely to trespass
   b. Condition is one where possessor knows or has reason to know and which he realizes or should realize will involve an unreasonable risk of serious bodily harm to children
   c. Children too young to recognize the danger of trespassing
   d. Burden of upkeep of the condition is slight compared to the risk to children
   e. Owner fails to exercise reasonable care to eliminate danger

Question 17

public invitee

Answer 17

A person invited to enter or remain on land as member of the public for a purpose for which the land is held open to the public

Question 18

Business invitee

Answer 18

A person who is invited to enter or remain on land for a purpose directly or remain on land for a purpose directly or indirectly connecting with business dealings with the possessor of the land

Question 19

duty to invitees

Answer 19

A landowner owes an invitee a duty to exercise ordinary care to protect him from risks of which the owner is actually aware and those risks of which should be aware after reasonable inspection

Question 20

lisencee

Answer 20

A person who enters with permission of the landowner, but does so for his own convenience or on business for someone other than the owner

Question 21

Duty to lisencee

Answer 21

duty not to injure him by willful, wanton, or grossly negligent conduct, and to warn of any potential dangerous conditions

Question 22

constructive knowledge

Answer 22

Knowledge of a dangerous condition is imputed to a possessor of land who has created the condition that caused the plaintiffs injury- so duty extends to the inspection of land

Question 23

open and obvious dangers

Answer 23

A landowners duty to protect lawful visitors against dangerous conditions on his property ordinarily does not extend to dangers that would be open and obvious to persons of average intelligence

Question 24

professional duties

Answer 24

Professional accused of negligence in failing to adhere to accepted standard w/in profession, accepted standard must be established by qualified testimony unless standard is of common knowledge

Question 25

atty duties

Answer 25

Atty Liable for malpractice only when her conduct departs from that conduct normally utilized by others of their profession similarly situated

Question 26

special groups

Answer 26

Special grps may create own standards of reasonably prudent conduct when nature of the grp and its social relationship w clients assure society that those standards will be set w primary regard to protection of the public rather than to such consideration as increased profitability

Question 27

informed consent

Answer 27

in med mal action- patient suing under the theory of informed consent must allege
i. ∆ dr failed to inform of risk before securing consent to the proposed treatment
ii. If they had been informed- they would not have consented to the risks
iii. Adverse consequences not made known did occur and patient was injured