TexasTornado wrote:Nothing in the law says that you must insert yourself in harm's way in defense of another. It was obvious that the BG was a threat and continued to be a threat to a 3rd party.
True, with some exceptions:
http://images.jw.com/com/publications/155.pdf
Special Relationships
The General Rule and the Exceptions.
Texas Law on Special Relationships
By Fred A. Simpson and Deborah J. Selden
What is a special relationship?
The legal meaning of the term “special relationship” in Texas jurisprudence is
ambiguous. Reported case law and commentaries use the seemingly multi-faceted term with
little or no precision or consistency in 1) contact law; 2) tort law; 3) constitutional law; 4) evidence;
5) criminal statutes; 6) criminal law; and 7) family law.
The scope of our analysis is limited to special relationships in the context of tort and contract liability.
Texas courts most often look to the RESTATEMENT for guidance in defining special relationships that impose duties of affirmative action as a matter of law in tort cases.
http://images.jw.com/com/publications/155.pdf
Special Relationships in Tort
The General Rule and the Exceptions.
As a general rule, no one has a duty to aid or protect another person.
8 Even if one has the practical ability to control a third person to prevent him from physically harming another,
9he has no duty to exercise such control.
10 The presumption of lack of duty or liability, however, disappears when a special relationship exists between the parties. ...
Section 315 of the RESTATEMENT sets forth two exceptions under which an individual has
a duty to control the conduct of third persons: 1) if a special relationship exists between an
individual and the third party, the individual has a duty to control the third party’s conduct; or 2)
if an individual has special relationship with another, the individual has a duty to protect the
other from the wrongful acts of third parties.
Sections 314A, 314B, and 320 detail the special relationships in which an individual
has a duty to aid or protect another: 1) a common carrier and passenger; 2) an innkeeper and
guests; 3) a possessor of land who holds it open to the public; 4) one who voluntarily assumes
control or is required to take control of another; 5) an employer and employee; and 6) one who
has custody of another has a duty to protect them from a third party.
15 Relationships in which an
individual may owe a duty to control the acts of a third party are listed in sections 316 through
319: 1) a parent and minor child; 2) master and servant; 3) possessor of land or chattels and a
licensee; and 4) an individual in charge of a person having dangerous propensities.
16
http://images.jw.com/com/publications/155.pdf
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I didn't sleep at Holiday Inn recently, I'm not a lawyer
totally. Disparity of force is always a deciding factor, IMO.
