Question

Tony, a weak swimmer, ignored warning signs in a recreational swimming area and went into deep water. He soon tired and realized that he could not make it back to shore. Seeing Katrina, he cried out for help. Katrina, however, ignored the pleas. Tony was finally saved by someone else but suffered partial brain damage by being submerged without oxygen for a number of minutes. Tony now sues Katrina for negligence for failing to save him. Tony will:

a) Likely succeed in the negligence lawsuit because Katrina ignored his pleas for help.
b) Likely succeed in the negligence lawsuit if he can prove Katrina's duty of care.
c) Unlikely succeed in the negligence lawsuit as there is typically no duty to rescue.
d) Succeed in the negligence lawsuit based on the assumption of duty in a recreational setting.

Answer 1

Tony is unlikely to succeed in the negligence lawsuit as there is typically no duty to rescue in this type of situation.

Step-by-step explanation:

Tony is unlikely to succeed in the negligence lawsuit as there is typically no duty to rescue in this type of situation. Negligence occurs when someone fails to exercise the level of care that a reasonable person would in a similar situation. In general, individuals are not legally obligated to assist someone in danger, unless they have a pre-existing duty of care, such as a lifeguard or a medical professional. Since Katrina did not have a duty of care towards Tony, she cannot be held legally accountable for not saving him.