Scott v. Universal Sales, Inc.

Chief Justice DURRANT,

opinion of the Court:

Introduction

11 This case requires us to consider the conditions under which the custodian of a dangerous person has a duty to prevent that person from injuring others. In prior cases, we have concluded that such a duty exists only if the custodian is aware, or should be aware, that the person poses a threat to a specific individual or a discrete group of individuals. In contrast, the Second Restatement of Torts does not require notice of the same particularized danger, and the Plaintiff in this case urges us to overrule our prior caselaw in favor of…