Reply to TO THE MOM WITH THE BLACK ACURA WITH NCS STICKER SPEEDING DOWN PILGRIM ROAD-PLEASE STOP!!

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Reply to "TO THE MOM WITH THE BLACK ACURA WITH NCS STICKER SPEEDING DOWN PILGRIM ROAD-PLEASE STOP!!"

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[quote=Anonymous][quote=Anonymous][quote=Anonymous]Legal duty to warn and instruct. Would be an interesting torts hypothetical case. Guess you went to a B-level law school where you weren't asked to stretch that mind of yours?  [/quote]
That would generally used in a products liability case. No, I am not the person that asked you how you did in first year torts. [/quote]
Another new poster here.  I was also thinking it would make for an interesting premises liability action (even though it's off the premises).  Someone was telling me recently about a case where a truck driver idling off-premises was robbed, and the operator of the loading dock was held responsible, because he failed to warn the truck driver about the danger of robbery where the driver was parking.

But the hypo being posed here -- another driver totally unrelated to the school getting injured offsite by a negligent parent driver -- seems even a further step removed.  I can't see how the school could possibly have done anything in this situation to create a legal duty it owes to other drivers off campus.  It's got no legal authority over the parent driver's off campus actions, and nothing about its operation of the carpool line increases the risk of negligent driving (as witnessed by the many other carpool parents who drive properly).

Interesting to consider though.  I'm sure some clever plaintiffs' lawyer could cook up a theory.  I foresee struggles on SJ though.[/quote]

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