Public Duty Doctrine With Regard To Definition, Theory And Application

761 words - 4 pages

Public duty doctrine definition is that "a local government entity's liability for nondiscretionary functions may not be predicated upon the breach of a general duty owed to the public as a whole; instead only the breach of a duty owned to the particular person injured is actionable." The public duty doctrine is based on the absence of duty in the first instance. This means that the government entity can only bear liability if at all a particular individual is injured due to the failure of the entity; this means that there must be a duty which is breached on that particular individual. Liability is not taken if at all it is based on the general public. (Knight, 1999)"Governmental duty to ...view middle of the document...

(Wynn, 2007)Any conduct that creates a "foreseeable zone of risk" gives rise to a duty of care. If the government entities have a conduct that may create a risk to an individual or people when such a risk happens to the people or individuals then there is a duty of care by the government but if the no conduct or anything which has been done by the entity to create risks to the people and a risk occurs to individual or the general public then there is no duty of care. The government entity is only reliable in cases whereby there is evidence of foreseeable risk which was not acted upon at the right time. (Drake, 2006)In order to establish that a special relationship exists between a local government entity and an individual, which is the basis for a special duty of care owed to such individual, there are certain elements which need to be present in such a case. In the first place "an assumption by the local government entity, through promises or actions of an affirmative duty to act on behalf of the party who was injured." Secondly the knowledge on the part of the...

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