Tuesday, May 30, 2017

A contracting party's liability to a third party.

Practice point:  A party who enters into a contract to render services may be said to have assumed a duty of care, and be potentially liable in tort to a third party, where the contracting party launches a force or instrument of harm, such as by negligently creating or exacerbating a dangerous condition.

Case in point:  Brown v. Garda CL Atl., Inc., NY Slip Op 04049 (1st Dep't May 18, 2017)

Here is the decision.

Tomorrow's issue:  A defendant's failure to establish a prima facie case.