Cardozo International & Comparative Law Review
Abstract
The article advocates for the enactment of state legislation establishing a duty-to-rescue doctrine, arguing that the absence of such a legal duty leads to preventable harm and undermines societal solidarity. It critiques the arbitrary nature of the special relationship exception under current law and proposes Minnesota's duty-to-rescue statute as a model for reform. The analysis emphasizes that requiring bystanders to provide reasonable assistance, without endangering themselves, is both feasible and morally justifiable, as it aligns with human tendencies to help others in distress.
Disciplines
Civil Rights and Discrimination | Comparative and Foreign Law | Criminal Law | Criminal Procedure | Evidence | International Law | Law | Law and Politics | Law and Race | Law and Society | Law Enforcement and Corrections
Recommended Citation
Cameron Kellett,
Duty to Rescue in the Digital Age: A Comparative Analysis,
5
Cardozo Int’l & Compar. L. Rev.
953
(2022).
Available at:
https://larc.cardozo.yu.edu/ciclr/vol5/iss3/8
Included in
Civil Rights and Discrimination Commons, Comparative and Foreign Law Commons, Criminal Law Commons, Criminal Procedure Commons, Evidence Commons, International Law Commons, Law and Politics Commons, Law and Race Commons, Law and Society Commons, Law Enforcement and Corrections Commons