provide assistance or otherwise voluntarily assuming responsibilities Elements

Provide assistance or otherwise voluntarily assuming

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provide assistance or otherwise voluntarily assuming responsibilities Elements to consider in each case: Was there reliance? Did P end up in a worse position? Was the D negligent? D who had no duty, acquired a duty by undertaking to provide assistance or voluntarily assume a responsibility. Hurley v. Eddingfield: (NL) Õ called for medical attention, D refused to help, Õ decedent passed. D didn’t undertake a duty. Rule: State license to practice medicine does not require all dr.’s to accept providing aid to others. Distinguished from: O’Neill v. Montefiore Hospital : (L) D undertook duty of care and advisedÕ’s decedent to go home and come back in the morning, Õ died. Rule: Physicians, who undertake to examine or treat a patient and then abandons him, may be held liable for malpractice. Look for the degree of the undertaking. United States v. Lawter: (L)D’s inexperienced member of crew operated helicopter cable when trying to save Õ’s wife. D undertook duty that put Õ in worst position than before the undertaking of the rescue. Rescue was not diligent and crew was inexperienced. Rule: The law imposes an obligation upon everyone who attempts to do anything, even gratuitously, for another not to injure him by the negligent performance of that which he has undertaken. Frank v. United States: (NL): Coast Guard undertook duty to rescue Õ from cruise but did not have the correct boat and Õ drowned. Rule: NL because D ’s rescue was done diligently, but it won’t be held negligent for inadequate equipment. - There was a duty, but there wasn’t a breach. Good Samaritan Doctrine: Ocotillo West Joint Adventure v. Superior Court : (NL) D took golfer’s keys because he was intoxicated and golfer’s friend said he’ll drive but gave keys back to his drunk friend who drove and had an accident. Good Samaritan §323 & 324 –Requires aiders to use do care [if diligent efforts were made à due care] §323 Negligent performance of undertaking to render services: One who undertakes –gratuitously or for consideration- is subject to liability to the other for physical harm resulting from his failure to exercise reasonable care to perform his undertaking if failure to exercise such care increases the risk of such harm, or
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harm suffered because of the other’s reliance upon the undertaking §324 duty of one who takes charge of another who is helpless: One who has no duty, takes charge of another who is helpless, is subject to liability to other for any bodily harm caused to him by a)the failure of the actor to exercise reasonable care to secure the safety of the other while within the actor’s charge, or b)the actor stops providing aid and if by doing so, the other person is put in a worse position than when the actor took charge.
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