Is a plaintiff liable in tort for failing to take affirmative action to protect another?

California, United States of America


The following excerpt is from Paz v. State of California, 22 Cal.4th 550, 93 Cal.Rptr.2d 703, 994 P.2d 975 (Cal. 2000):

The general rule is that a person who has not created a peril is not liable in tort for failing to take affirmative action to protect another unless they have some relationship that gives rise to a duty to act. (Williams v. State of California (1983) 34 Cal.3d 18, 23, 192 Cal.Rptr. 233, 664 P.2d 137.) However, one who undertakes to aid another is under a duty to exercise due care in acting and is liable if the failure to do so increases the risk of harm or if the harm is suffered because the other relied on the undertaking. (Ibid.) Section 324A integrates these two basic principles in its rule.

Other Questions


Is a police officer liable in tort merely for failure to take affirmative action to assist or protect another? (California, United States of America)
Is a person or entity liable in tort merely for failure to take affirmative action to assist or protect another? (California, United States of America)
In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
Is a plaintiff liable to another plaintiff for injuries sustained as a result of his actions in a motor vehicle accident? (California, United States of America)
Can a police officer be held liable for intentional infliction of emotional distress for failing to intervene or protect a plaintiff? (California, United States of America)
Can a plaintiff bring an action against the state for failing to protect the title to the property during the statutory statute of limitations? (California, United States of America)
Does article I, section 31 of the California Constitution bar affirmative action from being defined as "affirmative action"? (California, United States of America)
Is a person who is a "aider and abettor" liable for another's actions as a result of the other's actions? (California, United States of America)
What is the test for an action brought by a plaintiff who alleges that he was sexually harassed and sexually harassed by another plaintiff? (California, United States of America)
How have defendants defended their actions in a civil action brought by a plaintiff who alleges they failed to properly raise the railing to comply with the current code requirements? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.