California, United States of America
The following excerpt is from Scott v. C.R. Bard, Inc., 180 Cal.Rptr.3d 479, 231 Cal.App.4th 763 (Cal. App. 2014):
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. (Paz v. State of California (2000) 22 Cal.4th 550, 558-559, 93 Cal.Rptr.2d 703, 994 P.2d 975 (Paz ).) The Paz court set forth the elements of a negligent undertaking claim. The instruction quoted above accurately reflects those requirements. (Paz, supra, 22 Cal.4th at p. 559, 93 Cal.Rptr.2d 703, 994 P.2d 975.)
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