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| Book Chapter |
| Duty of Care Factors: Principle and Policy Decisions in the United States |
| Ellen Bublick |
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Torts on Three Continents Kylie Burns et al. eds., Oxford University Press 2024 |
| Library Access |
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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, yet have a deep structure that pervades. The chapter also addresses some of the substantive factors salient in US decisions. In negligence cases, 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 critical area to fostering the physical security of persons arises in the context of people who do not have previously recognized special relationships with each other—duties to strangers. In this area, although US state supreme courts are hesitant to embrace a ‘duty to the world,’ they increasingly recognize a duty within ‘webs of relationship’—for example, in supply chains or shared work environments. Another area of increased substantive attention is equality of persons. |
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