1. Defined
1.1. Legal requirement to act with reasonable care after fully informed of facts prior to making the decision
1.1.1. Owed by the Defendant
2. General Rule
2.1. A duty is defined as an obligation to which the law will give recognition and effect to conform to a particular standard of conduct to another
3. Does a duty Exist?
3.1. Under a reasonable person, would the duty be recognized and it's existence agreed upon?
3.2. Situations which cause a duty to arise
3.2.1. Plaintiff is injured because of Defendant's conduct
3.2.2. Control of instrumentality
3.2.3. Common Carriers
3.2.4. Special Relationships.
3.2.4.1. Land Posessors
3.2.4.1.1. Classify plaintiff to determine duty
3.2.4.2. Land Lord and Tenant
3.2.4.2.1. No duty owed unless
3.2.4.3. Employer v employee
3.2.4.4. Professionals and Clients
3.2.4.4.1. Professional standards of care is the reasonable prudent person of that particular profession
3.3. Standard of Reasonable Care (Defendant's conduct is judged against the standard of care)
3.3.1. Defined
3.3.1.1. A reasonable person under the circumstances acts to avoid harm to others
3.3.2. Circumstances
3.3.2.1. Standard does ntot change if situation is fraught with danger
3.3.2.1.1. Still reasonable care commensurate with known and reasonably foreseeable danger and other circumstances
3.3.2.2. Emergency and Unavoidable Accidents
3.3.2.2.1. When an unforseeable danger arises and alternative action is possible but requires quick judgement, courts refer to the emergency doctrine
3.3.2.2.2. Foreseeable Danger
3.3.2.2.3. negligently causing an emergency and acting reasonably after is not enough to escape liability.
3.3.2.2.4. Statute Driven Exceptions
3.3.3. Features
3.3.3.1. Objective (must be met)
3.3.3.1.1. Normal intelligence
3.3.3.1.2. Normal perception
3.3.3.1.3. Normal Memory and minimum standard of knowledge
3.3.3.2. Subjective
3.3.3.2.1. All additional skill intelligence, or knowledge actually possessed by the actor
3.3.3.2.2. physical attributes of the actor
3.3.3.3. Semi Subjective Componenets
3.3.3.3.1. Circumstances Alter cases
3.3.3.3.2. Flexibility from consideration of circumstances
3.3.3.3.3. Addint content to the reasonable person
3.3.4. Exceptions to the Standard
3.3.4.1. Physial Disability
3.3.4.1.1. held to a person with the same dsability
3.3.4.1.2. Protects
3.3.4.2. Mental Capacity
3.3.4.2.1. Liability of Mentally disableed
3.3.4.2.2. Standard of care remains the reasonable prudent person of normal intelligence, judgement and rationality
3.3.4.3. Intoxication
3.3.4.3.1. A voluntarily itoxicated person is held to the standard of a reasonably sober person.
3.3.4.4. Professionals
3.3.4.4.1. One who renders services in the practice of a profession or trade must exercise the skill and knowledge normally possessed by members of that profession or trade in good standing in similar communities.
3.3.4.5. Emergency
3.3.4.5.1. Did the defendant caused emergency?
3.3.4.6. Statutory Violations
3.3.4.6.1. When a statute is violated, teh Judge will determine if the statute applies. See Negligence per se.
3.3.4.7. Children
3.3.4.7.1. General Rule
3.3.4.7.2. Restatement
3.3.4.7.3. Rule of Sevens
4. Situations where There is no duty to act unless
4.1. No duty to act to prevent pure emorional harm, or economic harm unless
4.1.1. Pure emotional harm is only when the plaintiff falls in the zone of danger or they meet the bystander qualifications.
4.1.1.1. Under bystanders, plaintiff recovery is determined by the forseeability test or bystander test.
4.1.1.1.1. Minority: Forseeability
4.1.1.1.2. Majority: Bystander Test
4.1.2. Economic harm unless the physical impact is to person/property.
4.2. Social Hosts do not owe a duty to intoxicated social guests unless the social guest is a minor
4.3. No duty owed to the unborn fetus unless born alive or viable at the time of the injury
4.3.1. Viabliity is typically 24 weeks. Use a expert to show.
4.4. No duty to rescue. However Peril invites rescue.
4.4.1. A negligent defendant owes a duty to a rescuer if rescuer achieves rescue status
4.4.1.1. Rescue status must meet the following
4.4.1.1.1. Defendant was negligent to person rewcued
4.4.1.1.2. Defendant's negligence caused the peril or appearance of peril
4.4.1.1.3. The peril or appearance of peril was imminent
4.4.1.1.4. A reasonable person would find that the peril existed
4.4.1.1.5. the rescuer used reasonable care while rescuing.