John owns an apartment building in a state that does not have a Good Samaritan l
ID: 3454005 • Letter: J
Question
John owns an apartment building in a state that does not have a Good Samaritan law. He leases the apartments to whoever has the money to pay the rent. Despite many tenant complaints about loose windows, including windows popping out with minimal force, John does nothing to correct the situation.
On one fateful day, two residents hire Charlie to babysit their 3 year-old child so they could go out to the bar. Shortly after they leave Charlie in charge, the child begins to play near a window. Although Charlie repeatedly tells the child not to play near the closed window because he might fall, the child refuses to listen and continues to play near the closed window. Just as Charlie had predicted, the child eventually falls through the window and down two stories to the ground. Upset that the child did not listen to him, Charlie simply says to himself that the child got what was coming to him, and returned to exchanging texts with his girlfriend. After all, Charlie thought, it wasn't his fault that the building owner failed to properly repair the windows.
When the child's parents came home from the bar, they saw the toddler whimpering on the ground. They immediately guessed what had happened and began blaming each other for everything. They both stormed off their separate ways without helping the child.
A UIC student taking CLJ 210 walks by the building, sees the toddler whimpering on the ground, decides that the child is someone else's problem, and goes home to study for the midterm without rendering aid to the child.
Which of the following has/have a duty of care, duty to intervene, and/or a duty to render aid (circle all that applies).
a.
Charlie
b.
The child
c.
The UIC student
d.
John, the building owner
e.
The parents
a.
Charlie
b.
The child
c.
The UIC student
d.
John, the building owner
e.
The parents
Explanation / Answer
Charlie and the parents have the duty of care. It was Charlie's responsibility to take care of the child. John, the building owner must intervene, afterall it was his negligence towards loose window which caused the incident. The UIC student should have rendered aid, because dedication to the cause of humanity is the best service you can provide.
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