Practice point: As a general rule, a party who enters into a contract to render services does not assume a duty of care to parties outside the contract.
Practitioners should note that a recognized exception to this rule exists where a defendant who undertakes to render services negligently creates or exacerbates a dangerous condition.
Case: Cooper v. American Carpet & Restoration Servs., Inc., NY Slip Op 00091 (2d Dept. 2010)
The opinion is here.
Tomorrow’s issue: Motion practice.
