Question

Bob, 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 Kelly, he cried out for help. Kelly, however, ignored the pleas. Bob was finally saved by Dorothy, but suffered partial brain damage by being submerged without oxygen for a number of minutes. Bob now sues Kelly for negligence for failing to save him:a. prevail because society places a duty on people to help each other and Kelly breached this duty, resulting in Bob's injury.

b. lose because Kelly had no legal duty to rescue him.
c. lose even though Kelly had a legal duty to save him, since Bob will not be able to prove that Kelly's failure to act was the proximate cause of his injuries.
d. lose because a reasonable person could not have foreseen that someone in a recreation area could not swim well.

Answer 1

Answer: The correct answer is "b. lose because Kelly had no legal duty to rescue him."

Explanation: Bob will lose because Kelly had no legal duty to rescue him,

While Kelly could have had a better attitude and at least tried to save him, she had no obligation to rescue him from the position he was in because of himself since Bob ignored the warning signs.