Of all the factors used in determining whether a defendant owes the plaintiff a duty, foreseeability of the risk is the foremost and dominant consideration. "Foreseeability" requires that a person of ordinary intelligence should have anticipated the danger created by a negligent act or omission. While the particular accident does not have to be foreseen, the injury must be of such a general character as might have been reasonably anticipated.
Where a person negligently creates a situation, it becomes that person’s duty to do something about it to prevent injury to others if it reasonably appears or should appear to him that others may be injured because of the situation. This situation often occurs in construction accident or refinery accident cases where a company creates a dangerous situation.
An affirmative duty may arise in a situation where a warning should be given to prevent injury, such as for a dangerous product, or where a person should control someone known to be dangerous, like a drunk person. There is a duty to warn third parties of a threat by a patient to kill or injure another only if the potential act is foreseeable. This often comes up in the health care context. A health care provider who can reasonably foresee that a patient poses a threat to injure or kill an identifiable victim has the duty to warn the potential victim of the threat. Also, a health care provider may have a limited duty to protect a suicidal patient from harming themself.
In certain situations, an employer may owe a duty to his employees. These duties may include the duty to provide a reasonably safe place to work, warn employees of the hazards or dangers of employment, supervise employee’s activities, and furnish reasonably safe instrumentalities with which to work.
Contact our Texas plant and refinery accident lawyer Scott Nelson if you are injured by another individual’s negligent acts.