- Joined
- Mar 31, 2009
- Messages
- 429
Just a new case I’m working on, started with an inconcent bystander and a woman getting attacked.
In the US, bystanders have no legal responsibility to assist those in need unless there is some prior duty to that person. For instance, a parent will have a legal duty to assist his or her child, a police officer has a legal duty to assist anyone, etc. In addition, a person who, by his/her actions, creates a situation where a duty can be assumed in law also has a responsibility to render assistance. For instance, if Abel places Baker in a position of great danger, then Abel is obligated to assist Baker in avoiding that danger. Ordinarily, however, no one has a legal duty to assist anyone else. That may not be the law in other countries, but it has always been the law in the US. I’ve been busy looking into citations of authority by the US Supreme count. Not as easy as it may seem. It may take me some time but I’ll find a US supreme court case one way or another.
In the US, bystanders have no legal responsibility to assist those in need unless there is some prior duty to that person. For instance, a parent will have a legal duty to assist his or her child, a police officer has a legal duty to assist anyone, etc. In addition, a person who, by his/her actions, creates a situation where a duty can be assumed in law also has a responsibility to render assistance. For instance, if Abel places Baker in a position of great danger, then Abel is obligated to assist Baker in avoiding that danger. Ordinarily, however, no one has a legal duty to assist anyone else. That may not be the law in other countries, but it has always been the law in the US. I’ve been busy looking into citations of authority by the US Supreme count. Not as easy as it may seem. It may take me some time but I’ll find a US supreme court case one way or another.