Tarasoff – Duty to Warn, Duty to Protect

Note: Blogpost in progress

Source info for this post

High-level definition of Tarasoff (Duty to Warn, Duty to Protect)

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Who were the actors?

-Prosenjit Poddar (UC Berkeley student)

-Tatiana Tarasoff (UC Berkeley student)

-University Health Science Psychologist

-Campus Police

 

What was lawsuit #1?

Negligence by campus police and the university health service

Outcome: Duty to warn the victim.  Social Worker must verbally tell intended victim that there is a foreseeable danger of violence.

What was lawsuit #2?

Outcome: Establish a duty to protect.  Implies a therapist determining that his or her patient presents a serious danger of violence to another and an obligation to use reasonable care to protect the intended victim against danger – warning, police notification, etc.

What was the back-story

Where is the case law

What is law/policy outcome of the case?

When a therapist determines, or pursuant to the standards of his profession should determine, that his patents presents a serious danger of violence to another, he incurs an obligation to use reasonable care to protect the intended victim against such danger.  The discharge of the duty may require the therapist to take one or more various steps, depending on the the nature of the case.  Thus, it may call for him to warn the intended victim or others likely to appraise the victims of that danger, to notify the police or take whatever steps are reasonably under the circumstances.

Has it been expanded on since?

Areas to discuss, as it relates to Duty to warn and Duty to protect:

 

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