#8864 - Nonliability For Foreseeable Consequences - Tort Law

Nonliability for Foreseeable Consequences (Limited Duty Rules)

1. Limitations on the Duty to Rescue

There is no legal duty to rescue

Duty may arise in special circumstances:

§42. Duty Based on Undertaking

An actor who undertakes to render services to another that the actor knows or should know reduce the risk of physical harm to the other has a duty of reasonable care to the other in conducting the undertaking if:

1. The failure to exercise such care increases the risk of harm beyond that which existed w/o the undertaking, or

2. The person to whom the services are rendered or another relies on the actor’s exercising reasonable care in undertaking.

Basically you have a duty to act with due care ONCE you have Undertaken Rescue Operations.

§314A Special Relations Giving Rise to Duty to Aid or Protect: (even from natural causes)

1. A common carrier, Inn Keeper, Possessor of Land Open to Public, One required by law to take custody of the other, is under a duty to its passengers to take reasonable action:

1. To protect them against unreasonable risk of physical harm, and

2. To give them 1^st Aid after it know or has reason to know that they are injured or ill, and to care for them till they can be cared for by others (Call 911)

Some Courts have enacted statutes such as Child Abuse reporting, or rendering help in car accident statutes for rescue duty.

“Good Samaritan” statutes give immunity to those rendering gratuitous assistance in an emergency. Some only pertain to medical workers and emergency responders. Some to all people from negligence coming for their help.

2. Limitations on Recovery for Pure Economic Loss

Majority position is that plaintiffs may not recover for pure economic losses in tort (extend liability to much).

Exceptions:

Fisherman’s Exception

If have even small amount of physical damage then can recover for those and economic losses (lost wages, med bills, profit loss).

3. Limitations on Recovery for Emotional Distress

Many courts looks skeptically at claims that negligence cause no physical harm but only became fearful or emotionally distresses. (Limitless liability concern).

1. The Impact Rule (Mitchell v. Rochester Ry, miscarriage from fright)

Need impact w/fright or distress to recover, w/o no recovery even for later physical manifestations like blindness or insanity.

Question of impact or not often question for jury (condom in salad?)

2. Zone-of-Danger Rule and Exceptions

Plaintiff who: is in danger of physical impact

Reasonably fears for her own safety and,

Suffers serious emotional distress because of that fear can recover

It is not necessary to suffer impact, only that he be aware that defendant has placed her in the “zone-of-danger”.

Rule requires physical manifestation of emotional distress.

Exceptions:

Negligent Mishandling of Corpses (duty to immediate relatives)

Negligent Mishandling of Genetic Material (duty to would be parents)

Doctor-Patient Relationship

Attorney-Client Relationship

Negligent Transmission of Death Message

3. The Bystander Dilemma

Recognizing a derivative cause of action for emotional distress from witnessing injury of death of a 3^rd person brought by d’s negligence..

Dillon (mom& daughter see other daughter hit, mom not in “danger zone” so could not recover)

Look at the Foreseeability of the Plaintiff and if Duty or not (Palsgraff)

then look at these factors for someone outside the Zone of Danger:

1. If plaintiff was located near the scene of accident contrasted with one who was a distance away from it.

2. If the shock resulted from a direct emotional impact upon observance of accident, as contrasted with learning of it afterwards

3. If plaintiff and victim were closely related (marriage or blood), as opposed to no relationship

So in light of above factors court will determine if accident and harm was reasonably foreseeable.

Minority follow “Fear for Another Rule” (mom learning of son injury but not witness)

Recover only if Plaintiff:

1. Closely related (blood or marriage) to...