Jerry is involved in a hit-and-run accident while riding his bike. Marge sees the accident occur, realizes that Jerry is slowly dying on the road, yet she continues to walk home. Later that evening, Marge sees on the nightly news that Jerry has died. In what types of situations are you liable to help someone? Was Marge liable for the death of Jerry? Why or why not? If Marge had started to take Jerry to the hospital, but dropped him off a block before the destination because she was running late, would she be liable for the death of Jerry? Why or why not?

Question

What will be an ideal response?

Answer 1

There are different situations where an individual has a duty to intervene. Marge appears to be a stranger and does not have any relation to Jerry. As a result, she would not be held liable for the death of Jerry. If Marge started to take Jerry to the hospital, then Marge assumed a duty of care that she must follow through. By abandoning Jerry a block away, Marge also abandoned her legal duty and she would be liable for Jerry’s death.