Thompson v. County of Alameda

27 Cal.3d 741, 167 Cal.Rptr. 70, 614 P.2d 728 (1980)

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Thompson v. County of Alameda

California Supreme Court
27 Cal.3d 741, 167 Cal.Rptr. 70, 614 P.2d 728 (1980)

  • Written by Brian Meadors, JD
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Facts

The County of Alameda (defendant) released a juvenile parolee to the custody of his mother. The county knew that the parolee had made threats of harm to a young child residing in the neighborhood, but the parolee had not specified which child. The Thompsons (plaintiffs) lived a few doors down from the parolee. After the parolee’s release, the parolee murdered the child of the Thompsons. The Thompsons sued the county, alleging, in part, that the county had not met its duty to warn. The trial court dismissed their case. The Thompsons appealed.

Rule of Law

Issue

Holding and Reasoning (Richardson, J.)

Dissent (Tobriner, J.)

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Casebooks

Science and Law

Torts

Key Terms

  • Duty to WarnIn limited circumstances, a defendant may be held liable for injuries caused to a third person if the defendant had knowledge of a foreseeable risk of harm to the third person, but failed to warn or inform the third party of the risk.

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