The “duty of care” mentioned in the last sentence of the excerpt has a special meaning in the law. Here is a short article on the term:
Just by chance, the article cites the factors that Tennessee law evaluates to determine whether a duty of care exists in a negligence action.
- The foreseeability of the harm or injury;
- The possible magnitude of the potential harm or injury;
- The importance or social value of the activity engaged in by the defendant;
- The usefulness of the conduct to the defendant;
- The feasibility of alternative conduct;
- The costs and burdens associated with the alternative conduct;
- The relative usefulness of the alternative conduct;
- And the relative safety of the alternative conduct.
The first two factors deal with the threat. The second two will the activity being engaged in. The last four with the alternative measures that could be taken to minimize or eliminate the threat.