Duties and Limitations

If the actor does an act, and subsequently realizes or should realize that it has created an unreasonable risk of causing physical harm to another, he is under a duty to exercise reasonable care to prevent the risk from taking effect

Coal mining operation P jumped from the side wall into the water and drowned
BRIGHTLINE RULE: NO duty to rescue UNLESS(1) D placed P in harms way (§ 321)(2) Special Relationship (parent has a duty to rescue child, employer has a duty to rescue employee)

RULE: imposing liability upon establishments open to the public is reasonable when there exists an imminent danger of physical harm

When a D who had no duty to a stranger acquires a duty by undertaking to provide assistance or otherwise voluntarily assumes responsibilities

Doctor not going to help patient
RULE: In obtaining the state's permission to practice medicine, the state does not require that he will practice at all or on other terms than he may choose to accept

The law imposes an obligation upon everyone who attempts to do anything, even gratuitously, for another not to injure him by the negligent performance of that which he has undertaken
the coast guard must show up with the best possible training, but not necessarily the best equipment

The responsibility of this public agency (Coast Guard) rises no higher than that of a private salvor

A

RULE: It is the duty of every ship owner and operator to use every possible available means to rescue from the sea any and all persons and members of its crew who may be washed overboard

RULE: An airline's duty to supervise the boarding process for the protection of its passengers continues until boarding is completed, and the danger created by an airline's breach of that duty does not abate until all passengers are seating with their carry on luggage properly stowed

RULE: A common carrier has a duty to exercise the highest degree of care to safely transport it passengers and protect them while in transit BUT this duty only exists so long as the special relationship of passenger and carrier exists. The carrier discharges its duty once the passenger reaches a reasonably safe place

There is no duty to control the conduct of a third person as to prevent him from causing physical harm to another UNLESS(a) a special relation exists between the actor and the 3rd person which imposes a duty upon the actor to control the 3rd person's conduct, OR(b) a special relation exists between the actor and the other which gives the other a right to protection

Psychologist's knowledge of patients intention to kill someon
RULE: When the third person is ASCERTAINABLE and identifiable there IS a DUTY TO WARN

Spotted Fever Wife
RULE: Doctor had no legal duty because there was no physician-patient relationship between them and it wasn't a contagious disease

Hepatitis C