During the Ebola crisis, hospitals throughout the United States set up protocols for handling Ebola patients, including providing an Ebola checklist for use by emergency room staff. When the first Ebola patient was initially seen at a Texas hospital’s emergency room, he reported a fever and flu-like symptoms

(classic symptoms of the Ebola virus) and told the emergency room staff that he had just come from Liberia, a country with a severe Ebola outbreak. The patient was treated for the flu, given antibiotics, and sent home. Despite the presence of Ebola symptoms and his recent arrival from Liberia, his illness was not reported to any authorities. The man returned three days later by ambulance, deathly ill. He was admitted to the hospital, was diagnosed with Ebola, and died within a few days. On which tort law theory discussed in the chapter might the hospital be liable?