Question

Kathy, a fashion model, witnessed a motor vehicle accident but did not stop because she was late for her pedicure and simply didn't want to get involved. Had she stopped, she could have saved the life of Tom, who was thrown from the car and landed in a water filled ditch, without danger to herself. When Tom's widow heads that Kathy could have easily saved Tom's life but chose to ignore the situation, she sued Kathy. The state has no "Good Samaritan" laws or duty to assist laws, but such cases have been brought in the past. Which of the following will the court apply when making a decision in this case?

Answer 1

common law

Step-by-step explanation:

When good samaritan law does not apply in a certain state, the common law tends to dictate that a person cannot be held liable to the negative results of an accident as long as that person is not directly involved or hindering the helping process.

Even though Kathy's behavior is morally wrong, she's most likely wouldn't receive legal punishment. That's being said, She might receive social punishment (such as backlash from other people who knows about the case)