The term negligence gets used in tort law. There are intentional and unintentional torts. Tort law also acknowledges the wisdom behind changing a mean-spirted plan.
Rescue tactics are not mandated by law.
No individual has a legal duty to rescue someone that is in danger. Someone that risks his or her life, in order to remove someone from harm deserves to be called a hero.
How legal theory differs from a quote in a popular movie?
The legal system has a rule that relates to mean-spirited plans. According to the law, if you purposely put someone in danger, then it becomes your duty to help that same person. Personal injury lawyer in Calgary knows that law gives rise to the concept that failure to act can be viewed as negligence.
Examples of the sort of help that demonstrates an absence of negligence
After 2 or more cars have collided, then if there are any injuries the involved drivers are expected to notify law enforcement. Each of the drivers has an obligation to seek medical assistance for any injured passenger, or anyone else that has been injured, such as a pedestrian.
If a doctor is on vacation, and taking a plane to the vacation point, he or she might learn that one of the passengers on the same plane has fallen ill. Doctors have an obligation to offer medical assistance to anyone that is sick or injured. In other words, that particular doctor may not be able to enjoy that planned vacation spot as early as had been hoped.
Failure to act introduces the greatest chance of a charge of liability if the person that has failed to act is in a special relationship.
Here are some pairings that help to illustrate the meaning of a special relationship:
• 2 spouses; 2 partners
• Driver of vehicle-passenger
• Social host-guest
Sometimes the existence of a special relationship can be proven by a contract. Employees expect to have a contract with an employer. That employer is supposed to offer assurance of workers’ comp insurance. In fact, employers are expected to offer such insurance to employees.
Today, some couples make a point of writing out and signing a type of contract. Still, in the eyes of the law, their relationship is no more special that the one that exists between any husband and wife. Each spouse looks to the other one for help, during a time of danger. Not everyone in a relationship wants to hear about dangers. A young guest at a party might not appreciate urgings from the social host, about foregoing the alcoholic beverages.