Is reasonable reliance an element in a cause of action?

That reasonable reliance is not an element in plaintiff's cause of action is clear: as in any cause of action for negligence, the reasonableness of a plaintiff's conduct is considered, if at all, under the doctrine of contributory or comparative negligence. In Seagraves v. ABCO Manufacturing Co. (1968) 118 Ga.App. 414, 164 S.E.2d 242, the plaintiff, a welder for 18 years, was injured when he attempted to strike an arch to a tank containing inflammable liquid, in reliance on the assurance of defendant's president that the tank had been "cleaned out." The court of appeal acknowledged there was uncontradicted testimony that if the plaintiff had taken safety precautions customary in the welding industry the explosion would not have occurred. It nevertheless reversed the judgment for defendant on directed verdict. It noted that Georgia follows the doctrine of comparative negligence, not contributory negligence, and explained that "[p]laintiff's actions were to be measured by the standard of a reasonably prudent man; [50 Cal.3d 756] by that standard he was not necessarily required to follow the safest course of conduct. Where the duty is that of ordinary care, one is not negligent (or contributorily negligent) merely because of failure to exercise that degree of care which would have absolutely prevented injury." (Id. 164 S.E.2d at pp. 245-246.) The court concluded, "It is plain that it was a question for the jury whether plaintiff should have anticipated the presence of the inflammable substance in the tank and the danger of welding it in that condition. One who relies on representations of another and fails to take precautions for his own safety is not guilty of contributory negligence if a reasonable man would have relied on the representations under the same circumstances." (Id. at p. 246.)

In Freeman v. United States (6th Cir.1975) 509 F.2d 626, parachutists died and were injured when an air traffic controller negligently informed the pilot that the aircraft was near its target when in fact it was over Lake Erie. The trial court found that the parachutists were not contributorily negligent because they had no reason to suspect that the jump master would signal them to jump into solid cloud cover and because they had no reasonable means of making an independent observation of the cloud conditions below the plane. (Id. at p. 632.) The court of appeals affirmed.

In Robb v. Gylock Corporation (1956) 384 Pa. 209, 120 A.2d 174, a truck driver relied on representations by defendant's employee that carboys, which actually contained sulfuric acid, were empty. The plaintiff had noticed the carboys were wet and heavier than usual, but the court rejected the defendant's contention that the plaintiff was contributorily negligent as a matter of law because he failed to make his own investigation. It noted that the plaintiff twice inquired whether the carboys were empty, and held that the plaintiff's "failure to investigate further was not contributory negligence as a matter of law, and the question was properly left to the jury." (Id. 120 A.2d at p. 175.)