Legal Definitions - special-duty exception

The special-duty exception refers to a legal doctrine that allows individuals or organizations to be held liable for failing to protect someone from harm, even if they do not have a general duty to do so. This exception applies when a special relationship exists between the parties involved, such as an employer-employee relationship or a school-student relationship.

• If a school fails to provide adequate supervision for students during a field trip and a student is injured, the school may be held liable under the special-duty exception.
• If an employer fails to provide proper safety equipment to an employee and the employee is injured on the job, the employer may be held liable under the special-duty exception.

These examples illustrate how the special-duty exception can be applied in situations where a special relationship exists between the parties involved. In both cases, the school and the employer have a duty to protect their students and employees, respectively, from harm. If they fail to do so, they may be held liable under the special-duty exception.