When there exists a legal duty to intervene, such as a mother’s duty to her child, what types of situation can an individual disregard or be excused from this duty? Provide example(s) to illustrate these situations.

Question

What will be an ideal response?

Answer 1

There are four situations: (1) possession of knowledge of peril – if an individual did not know that a person under his or her care was in peril, then he or she will not be liable; (2) acted with the required intent – if an individual commits poor judgment, reasonable mistake, or a debatable decision, he or she will not be liable; (3) caused the harm to the victim – if an individual’s choice to not assist actually caused the harm, then he or she will be liable; and (4) individuals are not expected to accomplish the impossible – individuals are not expected to place themselves in peril in order to save another.