Other Special Negligence Duties Flashcards
Is there a duty imposed on a person if they gratuitously comes to the aid of the other?
If a person comes to the aid of another they have to exercise due care providing help and also cannot leave the person in a worse state than when they were found.
Generally is there a duty to prevent a third person from injuring another?
Generally, no.
When will a duty to prevent a third person from injuring another be imposed?
When the defendant had a SPECIAL relationship with the third person that gave the defendant the actual ability and authority to act, and the defendant knew or should have known that the third person was likely to injure the other.
What is the firefighters’ rule?
The rule bars firefighters and police officers from recovering for injuries caused by the risks of rescue.
