Question

Kathy, a fashion model, witnessed a motor vehicle accident but did not stop because she was late for her pedicure and simply didn't want to get involved. Had she stopped, she could have saved the life of Tom, who was thrown from the car and landed in a water-filled ditch, without danger to herself. When Tom's widow hears that Kathy could have easily saved Tom's life but chose to ignore the situation, she sues Kathy. The state has no "Good Samaritan" laws or duty-to-assist laws, but such cases have been brought in the past. Which of the following will the court apply when making a decision in this case?

Answer 1

Answer:

common law

Explanation:

Common law is the type of law that was not explicitly written, but considered as a custom.

When good samaritan law does not apply in the state, The court does not have any justification to punish Kathy.

In this such cases, the common law tends to dictate that a person cannot be held liable to the negative results of an accident as long as the person involved is not actively doing something that make the situation worse for the victim.

Even though Kathy's behavior is morally wrong, It is very unlikely that she will be held liable by the court . That's being said,  She might receive punishment from other members in her social group (such as backlash from other people who hears about the case and deemed her as a horrible human being)