The public-duty rule, also known as the public-duty doctrine, stipulates that a government entity such as a city or state cannot be held accountable for any harm caused by a government employee’s failure to perform their duties correctly. This is because the employee’s obligation is to the community at large rather than any individual. It is distinct from the special-duty doctrine.
The public-duty doctrine is a legal principle that states that government entities, such as states or municipalities, cannot be held responsible for an individual’s injury due to a breach of duty by a government officer or employee. This duty is owed to the general public rather than to the individual plaintiff. For example, if a police officer fails to respond to a specific individual’s call for help, the individual cannot sue the police department for damages resulting from the officer’s failure to act because the officer’s duty is to the general public, not to any specific individual. Similarly, if a city fails to maintain a sidewalk, causing someone to trip and fall, the individual cannot sue the city for damages because the city’s duty is to the general public to maintain the sidewalks, not to any specific individual. The public-duty doctrine is important because it protects government entities from being held liable for every individual’s injury resulting from the actions of their officers or employees. It ensures that government entities can focus on serving the general public without fear of being sued for every individual’s injury.
The public-duty doctrine is a legal principle that states that government entities and their employees generally do not owe a duty of care to individual members of the public unless a special relationship exists.
The public-duty doctrine applies in situations where a government entity or its employees are being sued for negligence or failure to protect an individual from harm.
A special relationship can be established when a government entity or its employees have assumed a duty to protect a specific individual or group, such as through a contractual agreement or by voluntarily providing services.
In general, government entities are immune from liability under the public-duty doctrine unless a special relationship exists or there is a statutory exception.
Examples include cases involving police protection, emergency response, and public safety measures.
Government employees are generally protected from personal liability under the public-duty doctrine, as their actions are considered to be within the scope of their official duties.
Some jurisdictions have recognized exceptions to the public-duty doctrine, such as when a government entity or its employees act with gross negligence or intentional misconduct.
The public-duty doctrine can make it more challenging to succeed in personal injury claims against government entities, as it establishes a higher burden of proof to show the existence of a special relationship.
Yes, if a plaintiff can demonstrate that a government entity or its employees acted with gross negligence or intentional misconduct, they may be able to overcome the public-duty doctrine and hold the entity liable.
No, the application and interpretation of the public-duty doctrine can vary among jurisdictions. It is important to consult with a local attorney to understand how the doctrine applies in a specific jurisdiction.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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