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 being submerged without oxygen for a number of minutes. Bob now sues by Kelly for negligence for failing to save him:_______. a. Bob will prevail because society places a duty on people to help each other and Kelly breached this duty, resulting in Bob's suffering injury. b. Bob will lose because as a threshold issue Kelly had no legal duty to rescue him. c. Bob will lose because Bob will not be able to prove that Kelly's act caused his injury. d. Bob will lose because the amount of his damages are speculative. e. Bob will lose because the accident was not foreseeable.

Answer 1

b. Bob will lose because as a threshold issue Kelly had no legal duty to rescue him

Step-by-step explanation:

Legal duty refers to the practice of following and abiding by laws and regulations such as driving safe and not breaching the speed limit, keeping the environment around safe and not act in any way which shall disrupt it's safety.

In the given case, Bob himself acted negligently while ignoring the safety guidelines mentioned. Thus, Kelly cannot be held liable since she is under no legal duty to rescue a drowning person. Such non performance on her part does not make her liable and thus, Bob will lose the suit.