Special duty rules in negligence Flashcards
Duty to act?
No duty to act in general, but when they decide to act they need to exercise reasonable care
Duty to rescue
∆ 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
when a rescuer gets hurt-
injured rescuer can sue the party that caused the danger requiring rescue- must show that the ∆ proximately caused their injuries
how to get rescuer status
- ∆s negligente caused the need for the rescuee to need to be rescued
- peril was imminent
- reasonably prudent person would have concluded peril existed
- rescuer acted w reasonable care in effectuating the rescue
when rescuer is a firefighter/cop
those professions may not recover based on negligent conduct that required their presence
mental health professionals duties to third parties
duty to warn others when their is an immediate threat of substantial bodily injury and the threat is made against a specific person
duty of medical drs to 3rd parties
physicians have a duty to third parties (patients families) to inform them of diagnosis and the foreseeable risks that come from the diagnosis
employers duty to third parties
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
NIED
no duty not to negligently cause emotional distress
impact rule
when ∆s negligence causes an impact to πs body- its allow πs to recover on a parasitic basis
zone of danger rule
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
Dillon rule
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)
Economic only harms
No duty where πs sole injury is economic loss when there’s no personal injury or property damage
Duty to ordinary trespassers
landowner has a duty to refrain from reckless, wanton, or willful conduct
Criminal trespasser
landowner has duty only to not intentionally hurt trespasser
attractive nuisance doctrine
- 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
public invitee
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
Business invitee
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
duty to invitees
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
lisencee
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
Duty to lisencee
duty not to injure him by willful, wanton, or grossly negligent conduct, and to warn of any potential dangerous conditions
constructive knowledge
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
open and obvious dangers
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
professional duties
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
atty duties
Atty Liable for malpractice only when her conduct departs from that conduct normally utilized by others of their profession similarly situated
special groups
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
informed consent
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
