Special Duty

Definition

Special duty refers to a specific obligation that one party owes to another, which arises under particular circumstances and is often based on a special relationship between the parties. This concept is essential in negligence cases as it determines whether the defendant had a duty of care to the plaintiff that goes beyond the general duty owed to the public. Understanding special duty helps clarify when liability may be imposed for actions or omissions that lead to harm.

5 Must Know Facts For Your Next Test

1. Special duty typically arises in situations involving specific relationships, such as between a teacher and student, doctor and patient, or employer and employee.
2. Establishing special duty can involve assessing whether the defendant knew or should have known that their actions could foreseeably cause harm to the plaintiff.
3. In some jurisdictions, special duty can lead to higher standards of care for certain professions, requiring professionals to act with greater caution.
4. The absence of a special duty can often result in a dismissal of negligence claims since the plaintiff may not prove that the defendant owed them any obligation.
5. Courts will examine various factors, including proximity, reliance, and the nature of the relationship, when determining if a special duty exists.

Review Questions

• How does special duty differ from general duty in negligence cases?
  • Special duty differs from general duty as it arises from specific relationships or circumstances that impose a heightened obligation of care on one party towards another. While general duty is the basic responsibility everyone has to avoid causing harm, special duty is more focused and applies when a unique relationship exists. For example, a doctor has a special duty to provide competent medical care to their patients, which is more stringent than the general duty everyone has not to harm others.
• In what scenarios would a court likely find that a special duty exists, and why is this determination crucial in negligence claims?
  • A court may find that special duty exists in scenarios involving close relationships, such as between parents and children or professionals and clients. This determination is crucial because it sets the stage for evaluating whether the defendant acted reasonably under their heightened obligation of care. If special duty is established, it can lead to finding liability if the defendant fails to meet that standard, directly affecting the outcome of negligence claims.
• Evaluate the implications of failing to establish special duty in a negligence case and how it affects potential outcomes for plaintiffs.
  • Failing to establish special duty in a negligence case can significantly weaken or completely derail a plaintiff's claim for damages. Without demonstrating that the defendant owed them a specific obligation based on their relationship or circumstances, plaintiffs might struggle to prove any breach of duty or foreseeability of harm. Consequently, this lack of connection often leads courts to dismiss cases early in litigation, leaving plaintiffs without recourse for injuries sustained due to another's negligence.

Related terms

General Duty: The standard obligation that everyone has to act reasonably and avoid causing harm to others.

Negligence Per Se: A legal doctrine that makes an act negligent because it violates a statute or regulation designed to protect the public.

Breach of Duty: The failure to meet the standard of care which results in harm or injury to another person.