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Case Citations [1] (July 2018 through August 2019)

handle is hein.ali/relwtrts0332 and id is 1 raw text is: TORTS DIVISION TWO. NEGLIGENCE CHAPTER 12. GENERAL PRINCIPLES TOPIC 7. DUTIES OF AFFIRMATIVE ACTION TITLE B. DUTY TO AID OTHERS AND SERVICES GRATUITOUSLY RENDERED OR UNDERTAKEN § 323. Negligent Performance and Termination of Gratuitous Service D.Kan.2018. Cit. in disc. Child of homeowner who died as a result of a fire in her home and administrator of decedent's estate brought a lawsuit against alarm-services company, alleging that defendant was liable for wrongful death, negligence, and fraudulent misrepresentation arising from defendant's failure to contact emergency services when decedent's alarm system, which had been installed and monitored by defendant, alerted defendant about a fire in decedent's kitchen. This court granted defendant's motion to dismiss, holding, inter alia, that plaintiffs' negligence claims were barred as a matter of law because the alleged negligence arose from a breach of duties defined in the contract between defendant and decedent. The court cited Restatement of Torts § § 323 and 324 in noting that plaintiffs failed to allege that defendant breached a duty imposed because it either gratuitously rendered services to decedent or took charge of decedent while she was helpless. M.F. v. ADT, Inc., 357 F.Supp.3d 1116, 1136, 1137. § 324. Duty of One Who Takes Charge of Another Who Is Helpless D.Kan.2018. Cit. in disc. (erron. cit. as § 324A). Child of homeowner who died as a result of a fire in her home and administrator of decedent's estate brought a lawsuit against alarm-services company, alleging that defendant was liable for wrongful death, negligence, and fraudulent misrepresentation arising from defendant's failure to contact emergency services when decedent's alarm system, which had been installed and monitored by defendant, alerted defendant about a fire in decedent's kitchen. This court granted defendant's motion to dismiss, holding, inter alia, that plaintiffs' negligence claims were barred as a matter of law because the alleged negligence arose from a breach of duties defined in the contract between defendant and decedent. The court cited Restatement of Torts § § 323 and 324 in noting that plaintiffs failed to allege that defendant breached a duty imposed because it either gratuitously rendered services to decedent or took charge of decedent while she was helpless. M.F. v. ADT, Inc., 357 F.Supp.3d 1116, 1136, 1137. CHAPTER 13. LIABILITY FOR CONDITION AND USE OF LAND TOPIC 1. LIABILITY OF POSSESSORS OF LAND TO PERSONS THEREON TITLE E. SPECIAL LIABILITY OF POSSESSORS OF LAND TO BUSINESS VISITORS COPYRIGHT 02019 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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