According to Tort Law, everyone has a duty to act reasonably towards others. We are expected to drive our cars carefully and avoid actions and behavior that could potentially cause harm to others. But, what happens when we see an "accident waiting to happen"? Do we have a lawful duty to intervene?
Take this fact pattern...
You are sitting in a park, minding your own business. Texting, perhaps. You see two children playing catch near a busy road. One child misses the ball and he runs after it. Into oncoming traffic. You have enough time to react and stop the kid from getting hit by a car. Do you intervene?
Let's say you don't. You were busy texting and at the last minute, decided maybe you couldn't get there fast enough. Maybe you felt it wasn't your role to save this kid. You aren't a hero, after all. Or maybe you were just feeling lazy. Despicable.
You didn't intervene and the child gets hit by a car, sustaining serious injuries. Maybe he even dies. Morbid, I know. Can the child's parents sue you for failing to act?
What do you think? Let the discussion ensue...
The mommy in me prefers this scenario: two children are playing catch near an ice cream truck and a pile of puppies. One child misses the ball and runs after it...right into the pile of puppies and ice cream! You have enough time to run over and laugh with him as you both eat ice cream and pet puppies. The end.
ReplyDeleteI don't think you are obligated to rescue the child but I would think less of myself if I didn't. I wouldn't be surprised if there is a case out there that says that someone was sued for not reacting. do you know the "avocado" case? Anything is possible.
ReplyDeleteI would definitely try to save the child...but wouldn't there be just as much of a case, if not more, to sue the parents for neglect?
ReplyDeletei think shannon's answer is the most accurate and telling. ...way to post a blog on which i can't post a comment for self-amusement. THANKS AMY
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