Discussion: Cast Study

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You are walking past a swimming pool, where you see someone drowning. You have no relationship to the pool, nor to the drowning person.

You are well trained in life-saving techniques and you also have a bamboo pole that you happened to be carrying that you could use to save the person without any risk to yourself. There is also a telephone at the pool that has instructions above it stating, “This phone can be used for free for any reason, including calling for help if someone is drowning.”

You do not jump in, extend the pole or call for help. Instead a video camera at the pool records you standing there, watching the person drown and doing nothing at all. Then you leave after they are dead.

Are you liable, civilly or criminally, for the death of the drowning victim? Why or why not?

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