Benejam v. Detroit Tigers, Inc.

Special and Limited Duties

The particular circumstances of the defendant can also lead to the creation of a special duty or an elevated standard of conduct. Professionals, such as doctors and lawyers, owe their patients and clients a higher level of care than what might be required under the general duty of care. They must act in a manner that is consistent with the level of knowledge, skill, and expertise that a member of the same profession would exhibit under similar circumstances. Common carriers (bus operators, taxis, ferries, etc.) and innkeepers are also held to a higher standard of conduct since they hold themselves out as providing these services for hire on an expert basis. Statutes can increase the standard of care required, such as laws imposing strict liability on parties dealing with hazardous waste or demolition experts. In an opposite manner, courts have sometimes limited the duty owed for policy reasons in order to achieve a social objective, as shown in the following case.