Legal Definitions - special-duty exception

The special-duty exception is a legal principle that allows a claim to proceed against a party, even when a general rule would typically prevent such a claim. This exception arises when a specific, heightened obligation or task creates a "special duty" or "special errand" that goes beyond the party's general responsibilities.

It most commonly applies in two main areas:

• Governmental Liability: Generally, government entities (like cities, police departments, or fire departments) are immune from lawsuits for negligence in performing their public duties, as their duty is owed to the public at large. However, a special-duty exception can arise if the government entity creates a specific relationship or assumes a particular duty towards an individual, going beyond its general obligations.

• Workers' Compensation: Typically, injuries sustained by an employee while commuting to or from their regular workplace are not covered by workers' compensation (known as the "going and coming rule"). However, a special-duty exception, often called the "special-errand doctrine," can apply if the employee was performing a specific task or errand for the employer at the time of the injury.

Here are some examples illustrating the special-duty exception:

• Example 1 (Governmental Liability): A municipal building inspector discovers a critical structural defect in a specific commercial building during a routine inspection. The inspector explicitly assures the building owner and tenants that the building will be immediately condemned and evacuated due to imminent danger. However, the inspector negligently fails to issue the condemnation order or take any further action, and the building collapses a few days later, causing injuries to occupants.

  How it illustrates the term: Normally, a city is generally immune from lawsuits for negligence in performing its public duty of inspecting buildings. However, by specifically identifying a severe, immediate danger in this particular building and making explicit assurances of immediate protective action to these specific individuals (owner/tenants), the inspector created a "special duty" to them. This goes beyond the general duty to inspect all buildings for the public good and could allow the injured parties to sue the city, despite general governmental immunity.

• Example 2 (Workers' Compensation - Special Errand): A software developer, after finishing their regular workday at the office, receives an urgent call from their manager. The manager asks the developer to drive to a client's office across town to deliver a critical software patch that is needed immediately for a presentation the next morning. On the way to the client's office, the developer is involved in a car accident and sustains injuries.

  How it illustrates the term: Typically, injuries sustained during an employee's commute to or from their regular workplace are not covered by workers' compensation (the "going and coming rule"). However, in this scenario, the developer was performing a "special errand" specifically requested by their employer, outside of their normal commute, for the employer's direct benefit. This "special-duty exception" means the injuries sustained during this specific task would likely be covered by workers' compensation, as the employee was acting within the scope of their employment at the time of the accident.