Section 9.29 Application of Public Duty Doctrine
Library | Local Government Deskbook (2017 Ed.) |
B. (§9.29) Application of Public Duty Doctrine
The following are examples of duties owed to the public at large:
A sheriff’s duty to enforce gambling laws, Parker v. Sherman, 456 S.W.2d 577 (Mo. 1970)
A duty to provide police protection, Berger v. City of University City, 676 S.W.2d 39 (Mo. App. E.D. 1984)
A duty to inspect a day care center, Jamierson v. Dale, 670 S.W.2d 195 (Mo. App. W.D. 1984)
The duty of a fire department to suppress fires, Lawhon v. City of Smithville, 715 S.W.2d 300 (Mo. App. W.D. 1986)
A duty to enforce laws against drunk driving, Spotts v. City of Kansas...
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- Section 9.1 Introduction and Scope
- Section 9.2 Doctrine of Sovereign Immunity
- Section 9.3 Overview of Missouri Position
- Section 9.4 Distinction Between Governmental and Proprietary Functions
- Section 9.5 Governmental Functions
- Section 9.6 Proprietary Functions
- Section 9.7 Judicial Abolition of Sovereign Immunity
- Section 9.8 Legislative Reinstatement of Sovereign Immunity
- Section 9.9 Court Decisions and Legislative Responses
- Section 9.10 Waiver of Immunity by Purchase of Insurance
- Section 9.11 Limits of Liability
- Section 9.12 Operation of Motor Vehicle Waiver
- Section 9.13 Dangerous Condition of Property Waiver
- Section 9.14 First Element: Property Was in Dangerous Condition at Time of Injury
- Section 9.15 Second Element: Injury Directly Resulted From the Dangerous Condition
- Section 9.16 Third Element: Dangerous Condition Created Reasonably Foreseeable Risk of Harm
- Section 9.17 Fourth Element: Public Employee Tortiously Created the Dangerous Condition, or Public Entity Had Actual or Constructive Notice of the Dangerous Condition in Time to Protect Against It
- Section 9.18 Res Ipsa
- Section 9.19 Sovereign Immunity Analysis for Municipalities
- Section 9.20 Sovereign Immunity Analysis for Other Public Entities
- Section 9.21 Joint and Several Liability and Contribution
- Section 9.22 Other Statutory Waivers of Sovereign Immunity
- Section 9.23 Official Immunity Doctrine
- Section 9.24 Officials Protected by Official Immunity
- Section 9.25 Discretionary-Ministerial Distinction
- Section 9.26 Application of Official Immunity Doctrine
- Section 9.27 Official Immunity and Comparative Fault
- Section 9.28 Public Duty Doctrine
- Section 9.29 Application of Public Duty Doctrine
- Section 9.30 Public Duty Doctrine and Express Waivers of Sovereign Immunity
- Section 9.31 Raising the Issue of Sovereign Immunity
- Section 9.32 Raising the Issue of Official Immunity
- Section 9.33 Raising the Issue of the Public Duty Doctrine
- Section 9.34 Prohibition and Mandamus
- Section 9.35 Discretionary Immunity Doctrine
- Section 9.36 Police Officer Immunity
- Section 9.37 Immunity for Free Work During Probation and Deferred Prosecution
- Section 9.38 Immunity for Volunteers
- Section 9.39 Emergency Telephone Service (911) Immunity
- Section 9.40 Notice of Claim Statutes
- Section 9.41 Constitutionality of Notice of Claim Statutes
- Section 9.42 Charter Requirements for Notice of Claim
- Section 9.43 Punitive Damages
- Section 9.44 Attorney Fees
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