Question

Bob, a weak swimmer, ignored warning signs in a recreational swimming area and went into deep water. He soon grew tired and realized that he could not make it back to shore. Seeing Kelly, he cried out for help. Kelly, however, ignored the pleas. Bob was finally saved by Dorothy, but suffered brain damage from being submerged during the ordeal. Bob now sues Kelly for negligence for failing to try to save him. Bob will:________.
a. prevail because society places a duty on people to help each other and Kelly breached this duty, resulting in Bob's injury.
b. lose because Kelly had no legal duty to rescue him.
c. lose even though Kelly had a legal duty to save him, since Bob will not be able to prove that Kelly's failure to act was the proximate cause of his injuries.
d. lose because a reasonable person could not have foreseen that someone in a recreation area could not swim well.

Answer 1

Answer:

b. lose because Kelly had no legal duty to rescue him.

Explanation:

Hello! Based on the fact that there is no specification of whether Kelly knew swim or not, she had no legal responsibility in saving Bob, in addition to the fact that the victim acted incorrectly knowing that he wasn't a good swimmer and that he shouldn't get in the depth water without supervision.

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