Bar Exam — MBE (Multistate Bar Exam)TortsMedium
A cyclist was riding his bicycle on a public road when a car, driven by a distracted driver, swerved into the bike lane, forcing the cyclist to take evasive action. The cyclist successfully avoided a collision with the car but swerved into a ditch, breaking his leg. The distracted driver argues that he should not be liable because he did not physically touch the cyclist or his bicycle. Which legal concept allows the cyclist to recover damages from the distracted driver?
- AZone of danger.
- BDuty to avoid foreseeable harm.
- CRescue doctrine.
- DTransferred intent.
Show answer & explanationAnswer & explanation
Correct answer: B. Duty to avoid foreseeable harm.
A driver owes a duty to all foreseeable plaintiffs to avoid foreseeable harm. The distracted driver's duty extends to those foreseeably endangered by his actions, including a cyclist in a bike lane who has to take evasive action to avoid a collision, even if there was no direct physical contact.
Why the other options are wrong
- A. The zone of danger is primarily used in cases of negligent infliction of emotional distress, where a plaintiff suffers emotional harm from witnessing harm to another. Here, the cyclist suffered direct physical harm.
- C. The rescue doctrine applies to rescuers injured while attempting to save someone imperiled by the defendant's negligence. The cyclist here is the directly imperiled party, not a rescuer.
- D. Transferred intent applies to intentional torts, not typically negligence, and involves intending to harm one person but harming another.
Duty to Avoid Foreseeable Harm
A fundamental principle of negligence requiring individuals to act with reasonable care to avoid causing foreseeable harm to others, including those who may be indirectly affected by their actions.
- Applies to all persons in society.
- Standard of care is that of a reasonably prudent person.
- Duty extends to all foreseeable plaintiffs.
- Harm must be foreseeable consequence of the act.
Memory trick: Negligence: 'No Excuse, Gross Error, Causing Harm, Damages Ensure'.