Duty to Act vs Omission to Act
What Is a Duty to Act?
- A doctor’s duty to care for patients
- An owners’ duty to protect those who are invited upon his land
- A restaurateur’s duty to provide proper fire escapes for patrons
- Parent’s duty to act affirmatively to safeguard his children and safeguard third persons from his children
Unless there is a statute or contract creating the duty, there will usually be no duty to act. However, a duty may arise when a person voluntarily assumes responsibility for another.
Omission to Act
A person can be liable even if there was no explicit duty to act. Examples:
- If someone is drowning in a pool and you make an attempt at rescuing them, the act of trying to help will create a duty to act to complete the rescue. Therefore, if one gives up rescuing a
victim and thereby leaves the victim in a worse situation, they may be found liable.
- A duty that otherwise would not exist might also be self-imposed if one is the cause of the situation resulting in the victim’s position of danger. Therefore, if your actions cause the dangerous situation, you will have a duty to act.
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ALL POLICE CHIEFS, SHERIFFS AND COUNTY WELFARE DEPARTMENTS
Learn about your REQUIRED DUTY TO ACT here… Duty to Act vs Omission to Act
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