Delaware
How Farwell v. Keaton applies in Delaware: state-specific rules, key cases, and bar exam notes for Torts.
Delaware follows a similar approach to negligence and duty of care as articulated in Farwell v. Keaton. The state recognizes the duty of individuals to assist those who are in peril, particularly when an individual has voluntarily intervened on behalf of another.
In Delaware, a person may be liable for failure to protect or assist another if they have created a peril or if they took affirmative actions that led to another's danger, thereby establishing a duty of care.
The court held that a landowner has a duty to protect individuals from known dangers on their property where the landowner has created or exacerbated the danger.
The court found that a volunteer's efforts to rescue a victim may lead to liability if those efforts increase the danger faced by the victim.
The court held that a firefighter injured while responding to a fire may pursue a claim against those whose negligence caused the fire that put them in danger.
Delaware's approach aligns with the general principles of negligence found in federal law, where a duty to rescue does not exist unless a party has assumed such a duty. However, Delaware places a stronger emphasis on the duty created by voluntary intervention, consistent with the holding in Farwell v. Keaton, contrasting with some jurisdictions that narrowly interpret such duties.
Understanding the nuances of duty and negligence as established in Farwell v. Keaton is critical for the Delaware bar exam, especially in scenarios involving rescue and voluntary assumption of risk.