Parent of an Emancipated Adult with Mental Illness Does Not Have a Duty to Control or Supervise That Adult

[摘要] special relationshipsthird-party liabilityduty to controlcreating risk of harmduty to supervisenegligenceMental Illness Does Not Create a Special Relationship Duty, or a Gratuitous Assumption of a Duty to Supervise an Emancipated Adult Child with Mental Illness Involved in a Criminally Violent ActIn Koenig v. London, 968 N.W.2d 646 (SD 2021), the South Dakota Supreme Court considered the question of whether a mother of an adult child with mental illness had a duty to a law enforcement officer and his family when her son shot and injured the officer in an altercation. The lower court had granted the mother’s motion for summary judgment and ruled that she did not owe a legal duty to control or supervise her adult son. The state supreme court affirmed the lower court.

[学科分类] 儿科学

[关键词] special relationships;third-party liability;duty to control;creating risk of harm;duty to supervise;negligence