Tarasoff Duty
Definition
The obligation, established in Tarasoff v. Regents of the University of California (1976), on a therapist or treating physician to take reasonable steps to protect an identifiable third party when a patient poses a serious danger to that person. Codified in varying forms in about 20 US states.
- Origin case
- Tarasoff v. Regents of the University of California, 1976
- Duty holder
- Treating therapist or physician
- Trigger
- Serious danger to an identifiable third party
- US adoption
- Codified in varying forms in about 20 states
Common questions
What must a clinician actually do to satisfy a Tarasoff duty?+
Requirements vary by state statute, but typical steps include warning the identifiable victim, notifying law enforcement, or taking other reasonable steps to prevent the harm. Some states impose a narrower duty to warn only, while others allow a broader duty to protect through hospitalization or other measures.
Does Tarasoff apply to any threat a patient makes?+
No. The duty is generally triggered only when the threat is serious, credible, and directed at an identifiable victim, not by vague or generalized statements of anger. States differ on how specific the threat must be before the duty attaches.
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