New Duty to Warn in Pennsylvania

The duty to warn: a reconsideration and critique.

A previous article in this Journal surveyed a psychotherapist’s legal duty to warn third parties of violent threats made by a patient. Twenty-seven states impose an actual duty to warn (as did the seminal case of Tarasoff v. The Regents of the University of California itself ): Arizona, California, Colorado, Delaware, Idaho, Indiana, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Minne...

Back to the past in California: a temporary retreat to a Tarasoff duty to warn.

The original Tarasoff decision created a duty for California psychotherapists to warn potential victims of their patients. After rehearing the matter two years later, the California Supreme Court, in the landmark second Tarasoff decision, changed the duty to warn to a duty to protect potential victims, with warning as only one of the options for discharging that duty. Despite this change, the T...

New Jersey Real Estate Brokers Have a Duty to Inspect and Warn

Post - Sale Duty to Warn Is the Door Opening for Plaintiffs ?

learns or should have learned of the risk created by its fault.” Jablonski v. Ford Motor Co., 955 N.E.2d 1138, 1159 (Ill. 2011) (emphasis added). See also Comstock v. General Motors Corp., 99 N.W.2d 627, 634 (Mich. 1959); Kozlowski v. John E. Smith’s Sons Co., 275 N.W.2d 915, 922 (Wis. 1979); Downing v. Overhead Door Corp., 707 P.2d 1027, 1032 (Colo. Ct. App. 1985); Wilson v. U.S. Elevator Corp...

Tarasoff, the doctrine of special relationships, and the psychotherapist's duty to warn.

the doctrine of special relationships, and the psychotherapist's duty to warn"