FACTS
-Nursing assistant kicked by patient when she was trying to put him to bed.
ISSUE
-Do adults with mental disabilities have the same general duty of care towards others as those without disabilities?
HOLDING
-Yes
-Here, however, due to policy considerations, the duty did not exist.
RULES
-The general duty of care imposed on adults with mental disabilities is the same as that for adults without mental disabilities.
ANALYSIS
-Court looks at relationship between the parties, reasonable foreseeability of harm to the person injured, and public policy concerns.
Case briefs for law students, lawyers, and others researching case law. I created many of these briefs in law school and periodically update them from time to time. My goal has been to build a one stop resource center for law students!
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