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Rescue - Day 2

Rescue - Day 2 1. Creating the Peril 2. Special Relationship with the Plaintiff 3. Prevention of Crime Recap No general duty of rescue But once efforts to protect others are undertaken and others rely , then duty to: use reasonable care to perform, or

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Rescue - Day 2

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  1. Rescue - Day 2 1. Creating the Peril 2. Special Relationship with the Plaintiff 3. Prevention of Crime

  2. Recap • No general duty of rescue • But once efforts to protect others are undertaken and others rely, then duty to: • use reasonable care to perform, or • to give reasonable notice of abandonment • Erie R. Co. v. Stewart.

  3. Remaining Hypos • Does it matter whether P is the driver? • Must the RR now post a watchman there forever? • What if the guard has a heart attack?

  4. More questions: • Brown (270) • undertaking? • reliance? By whom? P’s standing? • NOTE: promises as undertakings • What’s missing in Lacey (269)? • What if others had “rested their oars”? • What if seas were extraordinarily dangerous?

  5. Next scenario • Golfer on tee carefully checks the fairway. Seeing no one ahead, she drives the ball. • Any negligence? No • While the ball is in the air, a person suddenly appears from behind a tree and walks into the path of the ball. • Any legal duty to protect that person from harm (I.e. shout a warning)?

  6. Tubbs v. Argus (p 270) • What alleged breach of duty? • (Why not sued for negligent driving, too?) • Held? • For what injuries is D responsible? • What if driver had been hurt; would passenger have duty to give 1st aid? • Cf. Highway assistance statutes (272)

  7. Special Relationship:Between D and Victim • Established instances (RS § 314A): • 1. common carrierpassenger • 2. innkeeper guest • 3. possessor of land open to public visitor • 4. take custody of another person affected • jailer • boat captain • Unifying theme(s)? (hint: see 314A(4) & comment b)

  8. Duty? • Reasonable care to assist • 1. prevent harm • warn hotel guests of fire • 2. rescue from harm • pull out plug of radio in bath tub. • 3. after injury, • call for help • give first aid until help arrives

  9. Special Relationship? • 1. Mental hospital and ward • 2. Adult carpoolers • 3. Parent and child • 4. Bus driver and passengers • 5. Kindergarten teacher & students • 6. Bar-hopping buddies • 7. Mountain climbers • 8. JCPenny & customer stuck on escalator • 9. Designated driver who bolts.

  10. Special Relationship? • 1. Mental hospital and ward • 2. Adult carpoolers • 3. Parent and child • 4. Bus driver and passengers • 5. Kindergarten teacher & students • 6. Bar-hopping buddies • 7. Mountain climbers • 8. JCPenny & customer on escalator • 9. Designated driver who bolts.

  11. New Special Relationship? • 1. Mental hospital and ward • 2. Adult carpoolers • 3. Parent and child • 4. Bus driver and passengers • 5. Kindergarten teacher & students • 6. Bar-hopping buddies • 7. Mountain climbers • 8. JCPenny & customer on escalator • 9. Designated driver who bolts.

  12. Protection from Crime • Madden v. C & K Barbecue Carryout • Holding? • Concurrence? • Dissent? • Better view?

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