Defining the Scope of Duty to Warn “Readily Identifiable” Individuals

[摘要] duty to warnhomicidalidentifiableforeseeablePennsylvania Supreme Court Considers Neighbors to Be Identifiable Victims under Duty to WarnIn Maas v. UPMC Presbyterian Shadyside, 234 A.3d 427 (Pa. 2020) the Supreme Court of Pennsylvania examined the scope of the state's duty to warn in a case where a patient killed a victim in his 40-unit apartment building after making statements about wanting to kill a “neighbor.” In a trial over wrongful death, the patient's health care providers moved for summary judgment arguing that they did not have a duty to warn under Pennsylvania common law because the patient did not identify a “readily identifiable” victim. The Pennsylvania Supreme Court affirmed the lower courts' decisions not to grant it, because his threat toward a “neighbor” was specific enough to constitute a “readily identifiable” victim.

[学科分类] 儿科学

[关键词] duty to warn;homicidal;identifiable;foreseeable