To Create a Duty or Not to Create a Duty: Nebraska Law Should Adopt Section 37 of the Restatement (Third) of Torts
Loading...
Authors
Stenzel, Carla
Issue Date
2015-12
Volume
49
Issue
1
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|In A. W. v. Lancaster County School District 0001, the Supreme Court of Nebraska adopted the state's new duty analysis for negligence cases. Since its adoption, no Nebraska court has distinctively conducted an analysis to determine whether a defendant owes a duty to a plaintiff if the defendant took no actions that affected the plaintiff and did not have an affirmative duty to act in regard to the situation. The Restatement (Third) of Torts ("Restatement") clarifies that there is a difference between simply failing to prevent harm...
Description
Citation
Publisher
Creighton University School of Law