GNG 4170 Lecture Notes - Lecture 2: Good Samaritan Law, Intentional Tort, Candela
4 May 2016
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People most of the time don"t have good samaritan law if someone needs assistance and you fail to do so, that is a crime. Failure to do something in the law doesn"t have legal liabilities. Sitting back and doing nothing is not grounds for liability. Dtw primarily comes up in product liability, manufacturer"s liability. Idea is that you are producing something as a manufacturer, so you owe people a doc since it"s reasonably foreseeable that people could be injured due to your manufacturing process. The dtw gets at the idea that a reasonable manufacturer would ensure proper warnings are given to make consumers cautious of possible dangers. There is an active duty to warn of potential dangers/injuries that are not immediately obvious. Woman was burned with mcdonald"s coffee (reason for sign). She did not make claim against mcd for intentional tort. Establish standard of care at that time cups didn"t have signs.
