Chapter III Duty

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Chapter III Duty
The prima facie case in negligence Duty Breach
Causation Damages
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Chapter III Duty

• The prima facie case in negligence
• Duty
• Duty to warn / protect / rescue
• Duty to protect a third party
• Breach
• Causation
• Damages

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Chapter III Duty C. Obligations to protect
third parties
Therapist
Duty to warn?
Reveals threat
Third Party
Patient
injures
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Chapter III Duty C. Obligations to protect
third parties
Therapist
Duty to warn? YES
Special Relationship
Third Party
Patient
injures
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The role of statutes in negligence law

• Distinguish
• Does the statute expressly create a cause of
  action for damages?
• Does the statute implicitly create a private
  cause of action? (Uhr v. East Greenbush Central
  School District)
• Does the statute acknowledge policy
  considerations that would lead a court to create
  a common law duty? (Maybe Tarasoff)
• Where a common law duty already exists, can the
  statute be used to establish the standard of
  care. (Martin v. Herzog)

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A Torts Template

• What did the case decide?
• Do you agree with the outcome? Do other courts?
• Does the courts reasoning / use of precedent
  adequately justify the outcome?
• How does the case fit with other cases you have
  read?
• Why do you / other courts disagree?
• What questions does the case leave undecided?

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Tarasoff What did the court decide?
Therapist in fact does, or should reasonably
should, determine -- professional standard that
patient poses serious danger of violence to
others Then, duty to use reasonable care to
protect foreseeable victim -- reasonable person
standard
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Chapter III Tarasoff Do you / would other
courts agree?
The New York cases
Dr. prescribes meds
Duty?
Third Party
Patient
injures
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Tarasoff Whats left undecided?

• Are there other special relationships?
• Does the rule extend to property damage as well
  as personal injury?
• Does the duty run to the public at large?

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Chapter III Duty

• Duty
• Duty to protect a third party
• Special relationship to injurer
• Negligent misrepresentation
• Breach
• Causation
• Damages

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Chapter III Duty C. Obligations to protect
third parties
School district defendants
Duty?
Former Employee
Plaintiff student
injures
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Chapter III Duty C. Obligations to protect
third parties
School district defendants
Negligent misrepresentation
Duty?
Plaintiffs school
Relies to hire
Employee
Plaintiff student
injures
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Chapter III C. Obligations to protect a third
party
Everyone is responsible, not only for the result
of his willful acts, but also for an injury
occasioned to another by his want of ordinary
care or skill in the management of his property
or person, except so far as the latter has,
willfully or by want of ordinary care, brought
the injury upon himself. Cal. Civ. Code section
1714 Whenever one person is by circumstances
placed in such a position with regard to another
that if he did not use ordinary care and skill in
his own conduct, . . . He would cause danger of
injury to the person or property of another, a
duty arises to use ordinary care and skill to
avoid such danger. Heaven v. Pender
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Chapter III Duty The Rowland test (p. 159)
We depart from this fundamental principle only
upon the balancing of a number of
considerations 1) foreseeability of harm to the
plaintiff 2) degree of certainty that the
plaintiff suffered injury 3) closeness of
connection between the defendants conduct and
the injury suffered 4) moral blame attached to
the defendants conduct 5) the policy of
preventing future harm 6) the extent of the
burden to the defendant and consequences to the
community of imposing a duty 7) the
availability, cost, and prevalence of insurance
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Chapter III Duty B. Obligations to others
DUTY Is there an obligation to use reasonable
care? BREACH Under the circumstances, did the
actor behave reasonably?
Question of law, judge decides based on
precedent.
General apply to categories of cases
Question of fact, jury decides
Fact - Specific
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Chapter III Duty

• Duty
• Duty to protect a third party
• Special relationship to injurer
• Negligent misrepresentation
• Negligent entrustment
• Breach
• Causation
• Damages

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Chapter III Duty C. Obligations to protect
third parties
Car owner
Loans car
Duty?
Known, incompetent driver
Plaintiff
injures
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Chapter III Duty C. Obligations to protect
third parties
Aunt / Car seller
Provides money / Sells car
Duty?
Plaintiff
Driver
injures
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Chapter III Duty C. Obligations to protect
third parties
Social Host
Provides alcohol
Duty?
Plaintiff
Minor, driver
injures