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.a. Bob will prevail because society places a duty on people to help each other and Kelly breached this duty, resulting in Bob's suffering injury. b. Bob will lose because as a threshold issue Kelly had no legal duty to rescue him. c. Bob will lose because Bob will not be able to prove that Kelly's act caused his injury. d. Bob will lose because the amount of his damages are speculative. e. Bob will lose because the accident was not foreseeable.

Answer 1

Answer:

b. Bob will lose because as a threshold issue Kelly had no legal duty to rescue him.

Explanation:

In the statement, there is not evidence of Kelly's legal duty, which would obligate her to rescue Bob.

If Bob claims negligence, he must establish the duty of due care (which is missing because Kelly lacked it), breach of this duty, causation, foreseeable harm, and damages.