When most people think of fault for a personal injury, they probably picture someone taking some kind of action that ends up harming someone else -- running a red light and causing a car accident, for example. But what about liability for failing to act? For better or worse, the rule is that you don’t typically have to take action to prevent an injury to someone else, unless you had a legal duty to do so, a special relationship with the injured person (in the eyes of the law), or put him or her in danger in the first place. Let's take a closer look at how these rules work.
Everyone has a duty of care to others in certain situations, and violation of that duty can amount to negligence, leading to liability for injuries. For example, drivers must operate their vehicles safely and without violating traffic laws, and property owners must take reasonable steps to keep their property safe from dangerous conditions.
But there is generally no blanket legal duty placed on one citizen to help another; no "duty to rescue" in other words. If, for example, you are walking past a pond, and you see a complete stranger flailing around in the water, you have no legal obligation to help that person. Even if you are a certified lifeguard, the law doesn’t require you to jump in the pond and help the victim to safety. You may have an ethical, moral, or religious duty to help, but you don’t have a legal duty to help.
If, however, you pushed the person into the pond in the first place or otherwise caused the person to be in danger, then you may very well have the legal duty to take reasonable steps to help that person. (Learn more about negligence and the "reasonable person" standard.)
You should also be aware that most states require certain action on the part of drivers who have been involved in a car accident. States typically require drivers to notify law enforcement and/or get medical assistance for anyone who has been injured in the crash. (Learn more about what to do after a car accident.)
Let’s now take a look at the different "special relationships" that could require you to act if you see someone in danger. These include:
Let's look at a few examples.
A husband walks outside his house and sees that his wife has fallen off a ladder. The husband has the legal duty to provide assistance to his wife because of the existence of the spousal relationship. He cannot simply walk past her and leave her lying there. (Note: The husband could walk past his sister-in-law if she fell off the ladder. His marriage might not last, but the law would not require him to help in that situation.)
A teacher has the legal duty to help a student. If, for example, the student is choking, the teacher is required to take whatever action is reasonably necessary. If the teacher knows the Heimlich maneuver, the teacher must employ it. If not, the teacher must get help for the student immediately.
The common carrier relationship is probably one of the better known "special relationships". "Common carrier" is an old legal term for a company that transports people (or goods) for profit. These include buses, trains, planes, taxis, subways, boats, and sometimes even amusement parks (because they operate rides). So, for example, a bus driver has the legal obligation to take reasonable steps to help a passenger who is in danger of injury. But the driver would not have the same obligation to help someone who she observes slip and fall on the sidewalk.
Finally, some states distinguish between invitees and trespassers on private property. In some states, the property owner has a legal duty to rescue invitees -- in other words, people who were invited onto the property, like guests -- from reasonably foreseeable dangers on the property (an open pit, for example). But that same property owner does not usually have the duty to rescue trespassers from those dangers. Learn more about property owner liability for injuries to trespassers.
