Also known as: special relations · special relationship
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A relationship between an actor and a third person that imposes a duty on the actor to control the third person's conduct. The relationship triggers liability when the actor fails to exercise reasonable care to prevent the third person from causing physical harm to another.
A relationship between an actor and a third person that imposes a duty on the actor to control the third person's conduct. The relationship triggers liability when the actor fails to exercise reasonable care to prevent the third person from causing physical harm to another.
Select any source to read its text and confirm it supports the definition.
A relationship between an actor and another person that gives the other person a right to protection from physical harm. The relationship creates an affirmative duty on the actor to safeguard the other when the actor knows or should know of the danger.
Select any source to read its text and confirm it supports the definition.
A relationship between an actor and another person that gives the other person a right to protection from physical harm. The relationship creates an affirmative duty on the actor to safeguard the other when the actor knows or should know of the danger.
Each sense below has its own examples, sources, and questions.
Dr. Lewis treated Scott Summers for violent impulses and knew Summers planned to harm a former colleague. Lewis did not warn the colleague or take steps to detain Summers. When Summers attacked the colleague, the colleague sued Lewis. The special relation between therapist and patient imposed a duty on Lewis to control Summers's conduct, so Lewis faced liability for the resulting harm.
Dr. Patel treated inpatient Jordan Hale for known violent outbursts and learned Hale planned to assault a roommate. Patel took no steps to restrain Hale or alert staff. When Hale injured the roommate, the roommate sued Patel. The special relation between physician and patient imposed a duty on Patel to control Hale's conduct, so Patel faced liability for the resulting harm.
Caretaker Morgan supervised adult ward Riley Quinn who had a history of assaults and recently threatened a neighbor. Morgan took no steps to monitor or restrain Quinn. When Quinn attacked the neighbor, the neighbor sued Morgan. The special relation between guardian and ward imposed a duty on Morgan to control Quinn's conduct, so Morgan faced liability for the resulting harm.
A special relation exists when the actor has the ability and opportunity to control the third person's conduct. The duty arises only if the actor knows or has reason to know of the need for control and fails to exercise reasonable care. This rule appears in Restatement (Second) of Torts § 315(a).
Supporting sources
No. The relation can arise from any ongoing connection that creates reasonable expectations of control or protection, such as a therapist's knowledge of a patient's dangerous plans or a landlord's awareness of threats by its agent. Courts examine the facts of dependence and knowledge rather than labels alone.
Liberty Development knew that its agent Evan repeatedly threatened tenant Marion Stone at night with forcible removal despite her known PTSD. Liberty took no steps to stop Evan or protect Marion. The special relation between landlord and tenant gave Marion a right to protection, so Liberty was liable for the emotional harm that followed from its failure to act.
A university therapist learned that patient Tatiana Tarasoff's ex-boyfriend intended to kill her. The therapist notified campus police but did not warn Tarasoff directly. The special relation between therapist and patient gave Tarasoff a right to protection, so the university could be liable for failing to warn her of the foreseeable danger.
Principal Hayes knew teacher Dana Cole repeatedly threatened student Alex Rivera during after-school detention despite Alex's known anxiety. Hayes took no steps to reassign Cole or protect Alex. The special relation between school and student gave Alex a right to protection, so the school was liable for the emotional harm that followed from its failure to act.
A special relation exists when the actor stands in a position of trust or authority over the other person, such as therapist-patient or landlord-tenant. The duty requires the actor to take reasonable steps to protect the other from foreseeable physical harm. This rule appears in Restatement (Second) of Torts § 315(b).
Supporting sources
Yes. When parties stand in a relation of trust and confidence, silence about a material fact can count as a misrepresentation. The duty to disclose arises because the trusted party must protect the other's interests in connected transactions.
…at 348 (quoting Martinez v. California , 444 U. S. 277, 285 (1980)). Petitioners nevertheless argue that the State had a “special relationship” with Joshua that triggered an affirmative duty to protect him from his father. They point to the fact that the State knew of the danger Joshua faced from his father and had at times taken…