Brief Fact Summary. After LaSalle’s (Defendant’s) cat scratched Marsalis (Plaintiff), Defendant agreed to keep the cat under observation until it could be tested for rabies. The cat got out and Plaintiff underwent extensive treatment for rabies as a precaution. Plaintiff sued Defendant for damages.
Synopsis of Rule of Law. One who voluntarily takes upon oneself a duty is under a legal obligation to use reasonable in carrying out that duty.
Issue. If one voluntarily undertakes to care for, or to afford relieve or attendance to, an ill, injured, or helpless person is he under a legal obligation to use reasonable care and prudence in what he does?
Held. Yes. Judgment affirmed.
* One who voluntarily undertakes to care for, or to afford relieve or attendance to, an ill, injured, or helpless person is under a legal obligation to use reasonable care and prudence.
* Defendant’s liability depends upon whether or not his failure to use reasonable care was the proximate cause of Plaintiff’s injuries. Initially, Defendant owed Plaintiff no duty. However, once Defendant agreed to restrain and keep the cat under observation, he was bound to use reasonable care and prudence in doing so. Plaintiff unquestionably and in good faith relied upon Defendant to carry out the agreement, which he voluntarily made. By voluntarily agreeing to keep inside and observe the cat, Defendant owed Plaintiff a duty.
* Defendant made no change whatsoever in the animal’s usual routine. Defendant failed to use ordinary or reasonable care to see to it that the animal was kept secure. Defendant is liable for whatever damages Plaintiff sustained as a result of Defendant’s lack of care.
A tort is a private wrong, independent of contract.View Full Point of Law