T7 - Special Neg' Duties Flashcards
Other special negligence duties
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STATUTORY STANDARDS OF CARE
Rule:
Excuse?
Effect of violation
A clearly stated specific duty imposed by a statute providing for criminal penalties (including fines for regulatory offenses and ordinances, such as for speeding) may replace the more general common law duty of due care if:
• The plaintiff is within the protected class
• The statute was designed to prevent the type of harm suffered by the plaintiff
Effect of Violation or Compliance:
Under the majority view, an unexcused statutory violation is NEGLIGENCE PER SE; in other words, it establishes the first two requirements in the prima facie case—a conclusive presumption of duty and breach of duty.
In contrast, even though violation of the applicable statute may be negligence, compliance with the statute will not necessarily establish due care.
Excuse for Violation: Violation of some statutes may be excused where compliance would cause more danger than violation or where compliance would be beyond the defendant’s control.
AFFIRMATIVE DUTIES TO ACT
Rule….
Exception…
Generally, one does not have a legal duty to act.
• Generally NO duty to act affirmatively.
• If choose to act, must do so as reasonably prudent person under circumstances.
• No duty to rescue.
EXCEPTIONS:
• pre-existing Relationship between parties (inkeeper-guest, employer-employee, family members, etc.)
•If D created the peril. (but still a reasonable person std).
• If D untertakes to rescue, they do have duty of reasonable care
••• BUT, sometimes there are Good Samaritan Laws: Insulate negligent rescuers from liability (vary from state to state). Dont assume there is a GSL unless it says so.
No duty to act - Exception: Special Relationship btwn Parties
A special relationship between the parties (for example, parent-child) may create a duty to act.
Similarly, common carriers, innkeepers, shopkeepers, and others that gather the public for profit owe duties of reasonable care to aid or assist their patrons.
In addition, places of public accommodation have a duty to prevent injury to guests by third persons.
No duty to act - Exception: Peril Due to Own Conduct
One has a duty to assist someone they have negligently or innocently placed in peril.
• If D created the peril. (but still a reasonable person std).
No duty to act - Exception: Assumption of Duty by Acting
• If D untertakes to rescue, they do have duty of reasonable care.
— One may assume a duty to act by acting (ex: once the D undertakes to aid someone, they must do so with reasonable care).
••• BUT, sometimes there are Good Samaritan Laws: Insulate negligent rescuers from liability (vary from state to state). Dont assume there is a GSL unless it says so.
Exception: Many states have enacted Good Samaritan statutes, which exempt doctors, nurses, etc., from liability for ordinary, but not gross, negligence.
No duty to act - Exception: Duty to Prevent Harm from Third Persons
(prevent a third person from injuring another)
Generally, there is no duty to prevent a third person from injuring another.
An affirmative duty may be imposed, however, if 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.
PARTICULAR STANDARDS OF CONDUCT apply to:
- Common Carriers and Innkeepers
2.
Common Carriers and Innkeepers
Common carriers and innkeepers are held to a very HIGH degree of care, meaning they are liable for slight negligence.
CC = a person or company that transports goods or passengers for a fee.
For the higher common carrier and innkeeper standards to apply, the plaintiff must be a passenger or guest.
Automobile Driver to Guest
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.
Bailment Duties
a. Duties Owed by Bailee
b. Duties Owed by Bailor
In a bailment relationship, the bailor transfers to the bailee possession of the chattel but not title (for example, bailor loans their car to bailee).
a. Duties Owed by Bailee
The 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; and
(3) for a mutual benefit bailment (typically a bailment for hire), there is the ordinary care standard.
The modern trend applies a duty of ordinary care under the circumstances, whereby the type of bailment is just one factor taken into account.
b. Duties Owed by Bailor
For a sole benefit of the bailee bailment, the bailor must inform the bailee of known, dangerous defects in the chattel.
For a bailment for hire, the bailor must inform the bailee of chattel defects of which they are or should be aware.
Emergency Situations
A defendant 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.
