Restatement Second of Torts 324a Interpretation

In Stanley v. McCarver, 208 Ariz. 219, 92 P.3d 849 (2004), the Arizona Supreme Court held that a physician hired by a potential employer to physically examine a potential employee undertook a professional obligation with respect to the patient's health and having placed himself in that situation, he should have anticipated the patient would want to know of any life-threatening condition. 208 Ariz. at 223,13, 92 P.3d at 853. In part, the court relied upon Restatement (Second) of Torts 324A (1965), which suggests imposing a duty on a person who undertakes to render services to another which he should recognize as necessary for the protection of a third person and is liable to the third person if his failure to exercise reasonable care increases the risk of harm or harm is suffered because of the third person's reliance on the undertaking. Id. at 223-24,15, 92 P.3d at 853-54.