Restatement (Second) of Torts · Section § 442b
Overview of the rules regarding the liability of a defendant for harm caused by a third party under certain conditions.
Source: Restatement Restatement (Second) of Torts § § 442b
A defendant is subject to liability for harm caused to a third person by the improper conduct of a third party if the defendant's negligence in failing to control the third party's conduct has created an unreasonable risk of harm to that person.
This section addresses the circumstances under which a defendant may be held liable for harm that results from the actions of a third party. It emphasizes that if the defendant has a duty to control the third party's conduct and fails to do so, leading to the harm of another, liability may arise.
The duty to control may arise from a special relationship between the defendant and the third party.
The defendant's negligence must create an unreasonable risk of harm to a foreseeable victim.
Illustration 1
A landlord who fails to prevent a tenant's violent conduct may be liable for injuries sustained by another tenant.
Illustration 2
A parent who neglects to restrain a child known to engage in dangerous behavior may be held liable for injuries the child causes to others.
This case illustrates the application of § 442b where a therapist's failure to warn a potential victim of a threat by a patient led to liability.
Understanding § 442b is critical for assessing liability in cases where third-party conduct plays a role in harm. It underscores the need for certain individuals or institutions to take action to prevent foreseeable risks posed by others.