Substrate Record: qid 1620

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qid 1620 · law

Question: A shopper in a store sees that a display case is about to fall on a second shopper's head. The shopper does nothing to warn or assist the second shopper, who is a stranger to her. She could have taken action to protect the second shopper without harming herself. Did the shopper have a duty to take action to try and protect the second shopper from injury?

1. No, the shopper is not required to intervene unless she is a store employee or security personnel.
2. Yes, the shopper must take action under the "Good Samaritan" law.
3. Yes, the fact that a person sees that action is needed for another's aid or protection does impose a legal duty to act.
4. No, there is no duty for a shopper to render assistance to a stranger even if it can be done without hurting herself.
5. Yes, the shopper is legally obligated to intervene because she was the first person to notice the danger.
6. Yes, the shopper is legally obligated to intervene in any potentially harmful situation.
7. Yes, the shopper must take action under the "last clear chance" doctrine.
8. No, a failure to act does not and cannot result in liability under any circumstances.
9. No, the shopper is not required to intervene unless she has a special relationship with the person in danger.
10. No, the shopper has no duty to act unless she directly caused the danger.

Our answer: D. No, there is no duty for a shopper to render assistance to a stranger even if it can be done without hurting herself. Source quote machine-checked (exact quote)

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