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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
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          For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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