SPECIAL DUTY RULES
No General Duty to Aid Others
No duty to rescue as a bystander;
exceptions:
(1) created the peril; (2) special relationship mandates affirmative action (3) undertaken to act for benefit of rescue
The Firefighter Doctrine
Firefighters and Police officers who are injured may not recover based on the negligent conduct that required their presence
primary assumption of the risk
One who takes part in an activity accepts the obvious dangers of it that are inherent of that activity
But the doctrine of primary assumption of the risk does not apply if the inherent dangers or obscure or catastrophic.
not immune from liability pursuant if it fails to exercise ordinary care and eliminate a known and unnecessary hazard that causes injury to a patron.
Contributory Negligence
“all or nothing”, P’s action contributed then there is NO recovery
Expressed Assumption of The Risk
Release doesn’t offend public policy
Release language is clear & unambiguous & conspicuous
When Acting, the Duty of Care Exist
If you act to rescue, you must act with reasonable care under the circumstances. Can’t increases the risk of harm, or harm suffered
Healthcare Workers
special relationship exists then owes a duty to exercise reasonable care to protect a third party by warning that person of a specific and immediate threat of serious bodily injury targeted at the person by a specific individual
liable to notify immediate family members or others who are foreseeably at risk of exposure to a disease contracted by an individual the physician is treating
Adult Trespassers
Landowner must refrain from reckless, willful or wanton conduct toward trespasser
If trespasser coming onto land to commit crime landowners' duty is to not intentionally injury trespasser
Comparative Fault: Pure CF
the amount of damages otherwise recoverable shall be diminished in the proportion amount of plaintiff’s fault
Secondary Implied Assumption of the Risk
where the plaintiff has knowingly and voluntarily decided to encounter risk previously created by the defendant’s knowledge.
Special Relationships Compelling Action
parent-child, common carrier-patron, contractual relation. (1) to protect against unreasonable risk or physical harm and (2) give them first aid after its knowns or has reason to know
Employee/er Relationship
An employer who exercises control over a known incapacitated employee has a duty to take reasonable action to prevent the employee from causing an unreasonable risk of harm to others
The Attractive Nuisance Doctrine
Landowner knows/should know children are likely to trespass and
Know/should know artificial condition involves unreasonable risk of death or serious harm and
Condition is dangerous b/c of child's inability appreciate the risk and
Expense of remedying danger is slight compared w/ magnitude of risk and
Landowner fails to exercise reasonable care to eliminate risk or protect the children
49% CF
was not as great as the negligence of the defendant
Good Samaritan Statue
designed to remove the threat of litigation as potential disincentive to assisting graciously one in need
Dillon Rule
emotional distress manifest itself in physical symptoms
-plaintiff must be at or near the scene-
-personally observed or perceived the event
-must be closely related, either by blood or marriage.
Licensee
Social guest are licensees
Enters land with landowners' permission for their own purpose or business rather than for the landowner's benefit; Privileged to enter in on the land by the possessor
Same duty to warn as a trespasser
Not to engage in willful reckless or wanton conduct +
Owe a duty to warn dangerous conditions and/or fix the condition
50% CF
was not greater than the negligence of the defendant
The Rescue Doctrine
Danger invites rescue; if you cause peril to someone then it is foreseeable that rescue is needed; the injury was not foreseeable if it was not in the act of the rescue.
NIED
No Duty to avoid causing emotional distress: Recovery for NIED only when the party has breached another duty, or physical injury
Invitee
Someone presents on the land for mutual benefit of both parties (does not have to be monetary) (expressed or implied invitation of landowner) ex: church member, store customer etc.
duty to exercise ordinary care to protect from risks of which owner is aware and those risks of which he should be aware after reasonable inspection
no duty for landowner/occupier of land to warn against open and obvious danger because it hasn't reasonably foreseeable that a visitor exercising reasonable care would suffer injury from blatant hazard
Unit Rule
In a jurisdiction of comparative fault always lump defendants' negligence when comparing it against the plaintiffs.