What is the test for determining whether a plaintiff is in a class of protected persons?
MultiRegion, United States of America
The following excerpt is from Ek v. Herrington, 939 F.2d 839 (9th Cir. 1991):
1 Contrary to the appellants' suggestions, whether the plaintiff is in the class of protected persons is the threshold question of all statutory tort law, not just a component of negligence per se. See Cooper v. Unimin Corp., 639 F.Supp. 1208, 1215 (D.Idaho 1986) ("It is fundamental that in order for a statutory or regulatory provision to create a duty of care, the plaintiff must be within the class of persons that the statute or regulation was intended to protect.").
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