Practice point: A party who enters into a contract to render services may be said to have assumed a duty of care, and be potentially liable in tort to a third party, where the contracting party launches a force or instrument of harm, such as by negligently creating or exacerbating a dangerous condition.
Case in point: Brown v. Garda CL Atl., Inc., NY Slip Op 04049 (1st Dep't May 18, 2017)
Here is the decision.
Tomorrow's issue: A defendant's failure to establish a prima facie case.
