Special Relationships and the Duty to Warn

• A Government Agent’s Duty to Warn
• The “Special Relationship” Prerequisite to the Duty to Warn

Absent a “special relationship” between a government agent and a potential victim, the agent has no duty to warn the victim that she is in danger.  A special relationship may be formed where a prospective victim relies to her detriment upon the representations of the government agent, giving rise to a duty to warn the victim of a potential danger to which the victim is otherwise unaware and to which she did not knowingly and voluntarily expose herself.

Rachel Renee Russell (victim) had a grandson—Sidney DeAvila—and a son—Steven E. Russell (plaintiff in this civil suit).  (Steven Russell was apparently DeAvila’s uncle.)   Rachel Russell raised DeAvila as if he were her son.  The problem was, DeAvila had psychological problems beginning around the age of 12; being on antipsychotic medication by the age of 19.  He began engaging in criminal activity at some point therein, eventually—as an adult—leading to ....