XII.A. More Special Relationships | Jonathan Zittrain | December 21, 2012


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XII.A. More Special Relationships

by Jonathan Zittrain Show/Hide
  1. 1 Show/Hide More Broadbent v. Broadbent--"The Elimination of Parental Immunity Case"
    Original Creator: Jonathan Zittrain
    Should children be allowed to sue if their parents’ failure to supervise them led to harm?
    Plaintiff—a two-and-a-half year old boy—nearly drowned in a pool and suffers severe brain damage. The defendant—his mother—had left him by the pool unattended for 5 to 10 minutes in order to answer a phone call.
  2. 2 Show/Hide More Tarasoff v. Regents of University of California--"The Psychiatrist's Failure to Warn the Murder Victim"
    Original Creator: Jonathan Zittrain
    Do therapists have a duty to control their patients? If so, how far does this duty extend, and how may it be discharged?
    A mentally unstable individual murders a young woman. Before the murder, he confided his intention to kill the woman to his therapist. The police were notified of this danger, but no attempt was made to inform the victim or those close to her. The therapists also chose not to confine the murderer, despite his plan to kill.
  3. 3 Show/Hide More Hawkins v. Pizarro--"The Failure to Correctly Report Hepatitis C Test Results"
    Original Creator: Jonathan Zittrain
    Should doctors be liable to a third party if their failure to warn a patient about their disease leads to harm?
    A doctor screens the plaintiff for hepatitis C, and erroneously tells her that the results were negative. While unaware of her infection, plaintiff marries and unknowingly transmits the virus to her husband. At no time was the doctor ever aware of the plaintiff’s (eventual) husband. Plaintiff argued that had she been informed of her disease, she and her husband could have taken steps to prevent its transmission.
  4. 4 Show/Hide More Einhorn v. Seeley--"The Locksmith's Failure to Property Install a Lock"
    Original Creator: Jonathan Zittrain
    Should third parties employed to complete a service be liable for crimes committed due to their negligence?
    Plaintiff brought suit against a locksmith for failing to properly install the outside door lock of her financee’s apartment building. She was raped in the building by an intruder, who may have entered through the defectively-locked front door.
  5. 5 Show/Hide More Boyd v. Racine Currency Exchange--"The Non-compliant Bank Teller and the Murdered Hostage"
    Original Creator: Jonathan Zittrain
    Does an owner’s duty to prevent harm against invitees require them to comply with criminal threats?
    A robber entered the bank, put a gun to the head of plaintiff’s husband, and demanded the teller “give him money or open the door”. Instead of complying with either choice, the teller ducked to the ground. The robber then shot and killed the husband.

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January 28, 2014

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