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case study 1188

Directions: You must first fully answer the question by creating a new thread, then respond to at least two postings of others. Please note that you will not be able to see the responses of other students in any discussion forum until after you have posted your own response.

An individual walking past a public swimming pool notices a stranger struggling in the water. The passerby has no relationship to the property on which the pool sits, nor to the individual in the water.

The passerby is a strong swimmer and there is also a bamboo pole laying nearby. There is little risk to the passerby should they attempt to help the struggling stranger.

However, the passerby does not jump in, extend the pole or call for help. Instead a video camera at the pool records them continue to walk past as the individual in the water recedes into the water. The stranger ultimately drowns in the pool.

Is the passerby liable civilly for the death of the drowning victim? Why or why not? What about criminal responsibility? Why or why not?

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