Good Samaritan Liability - Negligent Undertaking

A negligent undertaking claim of liability to third parties requires evidence that:

1. the actor undertook, gratuitously or for consideration, to render services to another;
2. the services rendered were of a kind the actor should have recognized as necessary for the protection of third persons (plaintiffs);
3. the actor failed to exercise reasonable care in the performance of its undertaking;
4. the failure to exercise reasonable care resulted in physical harm to the third persons; and
5. either (a) the actor's carelessness increased the risk of such harm, or (b) the undertaking was to perform a duty owed by the other to the third persons, or (c) the harm was suffered because of the reliance of the other or the third persons upon the undertaking.

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