Is a person or entity liable in tort merely for failure to take affirmative action to assist or protect another?
California, United States of America
The following excerpt is from Affiliated FM Ins. Co. v. Southland HVAC & Constr., Inc., B241439 (Cal. App. 2013):
unaware of it].) Under this rule, a person or entity "who has not created a peril is not liable in tort merely for failure to take affirmative action to assist or protect another unless there is some relationship between them which gives rise to a duty to act." (Williams v. State of California (1983) 34 Cal.3d 18, 23.)
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