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:

In general terms, you are not legally required to help a person who is in need of assistance. Because of this, Bob is likely to lose, as Kelly had no legal duty to rescue him. However, there are a few exceptions to this rule. For example, you might be legally required to provide someone with help if they were put in danger due to your own negligence, if you had already started providing help, or if you have a special relationship with the person (such as parent-child).