The doctrine bars negligence claims premised on failure to provide protective services, since the duty runs to the public at large. A special relationship exception applies where the entity assumed a specific duty to the plaintiff.
Several states have abolished the doctrine.
Alternative Names:
Public Duty Rule|No Duty to Individuals
Why it Matters?
The special relationship exception is where these claims survive, requiring direct contact, an assurance of assistance, reliance on that assurance, and knowledge that inaction could cause harm, and dispatcher assurances are the recurring fact pattern. Documenting what was communicated during emergency calls is accordingly significant. Several states have abolished the doctrine entirely, which requires confirming the forum's position before relying on it.
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Related terms
Frequently asked questions
What is the special relationship exception?
What is the recurring fact pattern?
