Duty to Foreseeable Plaintiffs
Learn about the duty element of a negligence claim, with a particular focus on the limitation of duty to foreseeable plaintiffs and a discussion of special rules of duty, such as the rescue doctrine and the duty resulting from creation of risk.
Remember how in the video on Introduction to Negligence, we learned that there can be no liability for negligence unless the defendant owed a duty to the particular plaintiff to conform his conduct to a particular standard of care? In this video, we talk about the pivotal issue of when the duty generally arises.
There are two basic views on to what persons our duty of reasonable care generally arises: They are the Cardozo view and the Andrews view. Whenever we do anything, anything at all, we...