Kotzebue v. McLean

In Kotzebue v. McLean, 702 P.2d 1309 (Ak. 1985), an individual called the police department and advised the police that he intended to kill another individual. The caller identified himself as well as his specific location. Fifteen minutes later, the caller killed another person. Under those circumstances, the Alaska court determined that the harm to the victim was foreseeable. Id. at 1314. However, the Alaska court was careful to construct a very narrow exception to the common law rule that there is no duty to protect a third person. The Alaska court stated that "recognition of a duty and allowance of civil recovery in this case, however, does not make the city responsible for injuries sustained by victims of criminal activity when the police receive vague, non-specific calls in which the victim, the assailant, and the assailant's location remain unidentified." Id. at 1314-15 .