Rescue Day 2

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? Ps standing?
• NOTE promises as undertakings
• Whats 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 RelationshipBetween 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?