Can a Person Be Sued for Failure to Render Aid?
Most of the time, whether or not you choose to help a person who is in trouble is completely at your discretion. If you have the ability and can safely render aid, you may decide to help a person who is stuck on the side of the road or facing some other form of danger or trouble. However, is there ever a time when you could be sued if you don’t render aid to a person in need?
The answer is – it is highly unlikely. But we will look at a couple of circumstances where this is the case.
When Rendering Assistance Is Your Duty
According to California state law, there are only a couple of occasion when you are an obligation to help a person.
- If you caused the person to be in danger – If you are involved in a car accident with someone, and they seem injured, call 911 and stay with the person until help arrives. Leaving a person that you have caused harm to, even inadvertently, could result in a lawsuit. What if you thought the injuries were minor, but the person died from internal bleeding after you left? You could be open both to a wrongful death suit and criminal charges.
- If you have a special relationship with the person – For example, if a teacher sees a student in distress (e. threatening to jump off a bridge) and doesn’t stop to render aid or at least call for help, it may be possible for a family member of the student to sue the teacher for negligence,
Protecting Yourself from Negligence
To learn more about how to protect yourself from a negligence suit or to discuss your situation with a personal injury attorney, contact Petrov Law Firm today at 619-344-0360. Our experienced San Diego attorneys can give you the assistance you need to understand negligence cases in the state of California.