What are the elements of a municipality's 'special relationship' that can create a duty?

• A. Assumption by the municipality of an affirmative duty; knowledge that inaction could lead to harm; direct contact; justifiable reliance
• B. Mere knowledge of the risk
• C. A contract with the claimant
• D. General courtesy extended by the police

Answer: (A)

When a municipality can owe a duty to protect someone, it comes from a special relationship created by four elements: the municipality voluntarily undertakes an affirmative duty to act; it has knowledge that its failure to act could result in harm; there is direct contact or a functional equivalent of a special relationship between the municipality and the person in danger; and the person justifiably relies on the undertaking. This combination is what makes the duty legally actionable.

Mere knowledge of a risk isn’t enough, because no duty to act is triggered without an affirmative undertaking and the other elements. A contract with the claimant isn’t required, and general courtesy from the police doesn’t amount to a legal duty to protect.