The special-duty exception, also known as the special-duty doctrine or the special-errand doctrine, is a rule that states that there are certain circumstances where the police or other individuals responsible for our protection cannot be held liable for failing to fulfil their duties.
The special-duty exception is a legal doctrine that allows individuals or organisations to be held responsible for not safeguarding someone from harm, even if they are not generally obligated to do so. This exception is applicable when there is a special relationship between the parties involved, such as an employer-employee or school-student relationship. For instance, if a school fails to adequately supervise students during a field trip and a student gets injured, the school can be held accountable under the special-duty exception. Similarly, if an employer neglects to provide proper safety equipment to an employee and the employee gets injured while working, the employer may be held liable under the special-duty exception. These examples demonstrate how the special-duty exception can be applied in situations where there is a special relationship between the parties. In both cases, the school and the employer have a duty to protect their students and employees, respectively, from harm. If they fail to fulfil this duty, they may be held responsible under the special-duty exception.
The Special-Duty Exception is a legal doctrine that allows individuals to hold public entities liable for failing to protect them from harm when the entity has a special duty to do so.
A special duty is a legal obligation that a public entity owes to a particular individual or group of individuals, such as providing protection or assistance.
Public entities, such as government agencies, municipalities, and public schools, can be held liable under the Special-Duty Exception.
The Special-Duty Exception can be triggered in situations where a public entity has a legal obligation to protect individuals from harm, such as providing security at a public event or ensuring the safety of students at a school.
To prove a Special-Duty Exception claim, the plaintiff must show that the public entity had a special duty to protect them from harm, that the entity breached that duty, and that the breach caused the plaintiff’s injuries.
No, the Special-Duty Exception only applies to public entities.
The damages that can be recovered in a Special-Duty Exception claim include compensation for medical expenses, lost wages, pain and suffering, and other losses resulting from the plaintiff’s injuries.
The statute of limitations for filing a Special-Duty Exception claim varies by state, but it is typically between one and three years from the date of the injury.
Yes, you can still file a Special-Duty Exception claim even if you were partially at fault for your injuries. However, your damages may be reduced based on your percentage of fault.
It is highly recommended that you consult with an experienced personal injury attorney if you are considering filing a Special-Duty Exception claim. An attorney can help you navigate the legal process and ensure that your rights are protected.
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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