DUTY TO PROTECT - UPDATE AND CANADIAN PERSPECTIVE

The Tarasoff decision in 1974 established a legal precedent for suits against psychologists who were aware that an outpatient in their care had threatened violence against a third party, but who failed to protect that person from the danger. Since that date, many separate rulings have further extended the grounds for liability. This report summarizes the current, somewhat confusing situation with regard to duty to protect, and suggests some steps that might be taken in Canada to make the boundaries of this duty more clear.