Duty of Care Factors: Principle and Policy Decisions in the United States

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

The story of duty of care in tort law is a story of substantive values. This chapter examines both substantive factors at work in recent US duty-of-care decisions, and doctrinal tests employed to frame those choices. It finds that the 50 state systems employ a wide range of tests, but have a deep structure that pervades the varied formulations. It also addresses some of the substantive factors salient in US decisions. US courts are much more concerned with protecting against physical harm than against economic loss. Within the physical injury realm, harm-prevention rationales are particularly important to US explanations and holdings. One context critical to fostering the physical security of persons is the care required of people who do not have previously recognized special relationships with each other-duties to strangers. In this area, although US states’ supreme courts are hesitant to embrace a ‘duty to the world’, they increasingly recognize duty within ‘webs of relationship’-in supply chains or shared work environments, for example. Another area of increased substantive attention is equality of persons.

Original languageEnglish (US)
Title of host publicationTorts on Three Continents
Subtitle of host publicationHonouring Jane Stapleton
PublisherOxford University Press
Pages127-144
Number of pages18
ISBN (Electronic)9780191995552
ISBN (Print)9780198889748
DOIs
StatePublished - Jan 1 2024

Keywords

  • duty of care
  • economic loss
  • injury
  • negligence
  • obligations
  • physical injury
  • restatement
  • Stapleton
  • supply chain
  • torts

ASJC Scopus subject areas

  • General Social Sciences

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