Special duty

A special duty is an American legal concept that allows strangers to sue someone they never met and had no traditional legal relationship with. For example, a car accident victim can sue the doctor of the driver if the doctor should have warned the driver not to drive. Courts can hold that the doctor had a "special relationship" with the victim, and a "special duty" not to expose the victim to a foreseeable and unreasonable risk of harm.

Four states recognize this concept of a "special duty":

• Massachusetts
• California
• Michigan
• Delaware

Five states do not allow liability for this "special duty":

• Missouri
• Iowa
• Texas
• Kansas
• Florida