Anatomy of a Second Generation Tarasoff Case

Abstract

Few medicolegal doctrines have spread so widely and wildly as the Tarasoff duty of professionals to protect potential victims of violence perpetrated by psychiatric patients. Post-Tarasoff decisions have not been limited to identifiable third parties in danger, but in some circumstances have been extended to the community at large. Lipari v. Sears, Roebuck and U.S. is the first of such court rulings to invoke the concept of strict liability for the violent acts of a patient who, in the case presented, randomly fired at club patrons, killing one and wounding many others. A detailed examination of this pivotal and troubling case will facilitate recognition of the inherent complexity associated with subjecting human problems to the legal process.