DTCI: Foreseeability and duty of care
If your client is sued for negligence, determining whether it owed a duty of care to the plaintiff can make a world of difference in the outcome of the case. Two recent Indiana Supreme Court opinions have clarified how Indiana courts should analyze foreseeability to determine whether a duty of care is owed to the plaintiff.
Every negligence case will necessarily involve an analysis of foreseeability in the context of proximate causation, and some cases will also involve analysis of foreseeability in the context of duty. However, the analysis of foreseeability is different in each case. In addition, foreseeability in the context of proximate causation is a question of fact, while foreseeability in the context of duty is a question of law.
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