In what circumstances will the court refuse to award damages to a defendant for failing to warn a plaintiff of the presence of a suspect?

California, United States of America


The following excerpt is from Posey v. State, 173 Cal.App.3d 835, 219 Cal.Rptr. 534 (Cal. App. 1985):

Even under an alleged set of facts as egregious as in Davidson v. City of Westminster, supra, 32 Cal.3d at p. 197, 183 Cal.Rptr. 252, 649 P.2d 894, the court failed to find a duty of care owed by the defendant to plaintiff, absent a special relationship. In Davidson, a laundromat was placed under surveillance by police officers after three women had been stabbed there on earlier occasions. The plaintiff was present in the laundromat the night it was being watched. The police officers were aware of her presence and of the stabbing suspect's presence. They did not warn her. She was stabbed four times. (Id., at p. 201, 185 Cal.Rptr. 252, 649 P.2d 894.)

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