Chapter 5 Torts

Essay Question #2 – Hypothetical:

Steve was walking along the beach near Santa Monica pier early on Sunday morning. Steve was the Captain of the college swim team some years ago and he still enjoys going for long swims in the morning. However, on this particular Sunday morning it was a bit cool out, so Steve just sat alone on the beach watching the waves. While sitting there, Steve noticed someone in the surf who was yelling for help! The person was about 100 feet offshore and was having difficulty staying afloat. Steve watched as the person struggled to stay afloat. The swimmer went up and down in the water yelling for help – within a short time, the swimmer disappeared under the surf. Shortly after the swimmer went down for the last time, Steve got up and decided to head down to the local Starbucks to get some coffee. By this time a crowd appeared on the beach to see what was going on? A few people in the group recognized Steve as the former captain of the college swim team and asked him why he didn’t go into the water and save the person? Steve just shrugged his shoulders and headed to the Starbucks.

 

Answer EACH Part of the Question separately – A, B. Questions:

A. Could Steve be held liable for some sort of Tort? Could the family of the deceased swimmer sue Steve? Did he have a duty to try to rescue the swimmer? Explain in detail. Be certain to discuss in your answer the elements of any Tort you feel Steve is liable. Do not simply provide me with your opinion – no credit for opinion unless supported by law! 45%

B. If Steve had yelled to the drowning swimmer that he was going to call 911 for help – and, instructed the swimmer to remain calm. However, Steve never called 911, instead he headed straight to Starbucks and the struggling swimmer then drowned while patiently waiting … would that change things if this matter went to court and the family sued Steve? Explain – if Steve then created a legal duty? Again – not your opinion – the law  35%