TTTBE #35: Early Answer for Patrons!

Thomas's improbable win streak continues!  Yes, Thomas got the answer correct ("B"), and is now 18-for-34 and over .500 for the first time in several months!

This question tested your knowledge of the principles of negligence, especially those set forth in Restatement (Second) of Torts § 319 and the seminal case of Tarasoff v. Regents of the University of California, 551 P.2d 334 (Cal. 1976).  The question asked whether a hospital can be liable for negligence when it knows a patient may present a risk to himself or others but releases him anyway.  (Of course, in classic bar exam fashion, this question was framed as filing a motion to dismiss, so "yes" answers meant the hospital had no duty, and "no" answers meant the hospital could be liable.)

Thomas correctly (and bravely!) eliminated both "yes" answers, C and D.

Answer "C" -- that there is no duty to control the conduct of another person to prevent that person from harming others -- is flatly wrong as a matter of law.  Even though individuals are (generally) responsible for their own actions, the law imputes some responsibility to individuals who know about a danger that others pose and yet do nothing.

Answer "D" -- that the intervening acts of third parties are unforeseeable and cannot give rise to liability -- is also wrong.  Sometimes the behavior of third parties is unforeseeable, but not always.

That left both "no" answers, A and B.

Answer "A" -- that the hospital is strictly liable for injuries to third parties caused by released patients -- goes too far.  Strict liability would mean that the hospital is responsible for all of the consequences that flow from the released patient's actions, regardless of the precautions taken by the hospital.  That's too much.  A hospital can avoid liability for negligence so long as it exercises reasonable care to prevent harm to third parties.

That leaves answer "B" -- that the relationship between the doctor and patient creates a standard of care that requires the hospital to prevent foreseeable dangers to others.  That's what Thomas guessed, and so did many of you!

Good work, and get ready for an awesome question about an internet vigilante on Friday when we release TTTBE #36!