2) legal proximity focus is on the closeness of the relationship between Plaintiff and Defendant, including physical, circumstantial and casual proximity, supported by the twin criteria of voluntary assumption of responsibility and reliance, not every element has to be present**
2 more factors that you can consider
1) the defendants "knowledge of the risk of harm, or of reliance by the plaintiff, or of the vulnerability of the plaintiff and
2) his control over the situation giving rise to the risk of harm and the plaintiffs corresponding vulnerability