Liability & LegalQuestion 108 of 200

California 'special relationship' doctrine recognizes that certain relationships impose an affirmative duty to protect from third-party harm. Which is a recognized special relationship most relevant to security work?

a.Stranger-to-stranger interaction on a public street, where each person owes every other an affirmative duty to intervene as soon as trouble starts nearby
b.Casual social acquaintances at a private dinner, where the host assumes a protective duty over every guest who has been invited into the home for the evening
c.Driver-to-pedestrian where the driver has no contact at all with the pedestrian but passes within a few feet of them on the roadway while they are crossing it
d.Business owner (or its agent, including a contracted PPO) to business invitee, with duty contoured by foreseeability under Ann M. and Delgado

Explanation

California recognizes special relationships that create affirmative duties to protect another from third-party harm. The business-invitee relationship is most relevant for security: owners and their agents owe invitees a duty of reasonable care, including foreseeable third-party criminal conduct, with scope shaped by Ann M. v. Pacific Plaza Shopping Center (1993) 6 Cal.4th 666 and Delgado. Other recognized special relationships include innkeeper-guest, common carrier-passenger, school-student, and therapist-patient (Tarasoff duty to warn). Strangers in public (a), casual social contacts (b), and uncontacted pedestrians (c) lack the special-relationship trigger.

Law Reference: Tarasoff v. Regents (1976) 17 Cal.3d 425; Ann M. v. Pacific Plaza Shopping Center (1993) 6 Cal.4th 666

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