Special duty rules pt1 Flashcards
What is the duty to aid others?
Someone who finds another in a position of peril is under no legal duty to rescue the person, unless he or she is legally responsible for placing the person in the perilous position. HOWEVER, one who affirmatively undertakes to rescue another from peril must do so in a safe and reasonable manner to ensure that the rescued person is not left in a worse position than when the rescue began.
When can you be found negligent in aiding someone?
If you choose to aid someone you will be negligent if: (NOTE, the existence of good Smartian law in the jurisdiction)
- (a) his failure to exercise such care increases the risk of such harm, or
- (b) the harm is suffered because of the other’s reliance upon the undertaking (Helicopter rescue case)
What is the extent of duty of a business or proprietor towards its customers in times of peril?
-A business proprietor has a duty to take reasonable action to provide appropriate medical care to its patrons in times of an emergency but does not require the proprietor to provide all medical care that might be reasonably needed by a patron (the collapsed customer was helped but wanted an onsite physician to help case). Care is required in cases involving common carriers, innkeepers, and property owners with injured customers.
What are the duties of a proprietor towards a customer in times of peril?
the duty goes as follows:
- (a) to protect them against unreasonable risk of physical harm, and
- (b) to give them first aid after it knows or has reason to know that they are ill or injured, and to care for them until they can be cared for by others.
(Good Samaritan statutes play a role in whether a suit will be successful or not)
When does the duty for customers end for common carriers? (ie airlines)
A common carrier discharges its duty to protect a passenger from injury once the passenger reaches a reasonably safe place (ex: airline duty to passengers).
Tortfeasor liability toward third-party rescuers
tortfeasors can be held liable for injuries that occur to rescuers of the victims of the initial tortious act. This is because it is foreseeable that a third party will come to the aid of the victim of a tortious act (someone stops to rescue a flipped car on the highway).
Firefighter rule and possible exceptions
The Firefighter’s Rule provides that firefighters and police officers who are injured in the line of duty may not recover based on the negligent conduct of another that required their presence since it’s the purpose of their job.
- However, (in some minority of cases) recovery is possible if the plaintiff’s injury was a foreseeable result of the defendant’s initial tortious act (A police officer had a heart attack while trying to rescue a child after a car accident is an example where this exception is not applicable).
