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Authorities in Florida say that a group of teenagers recorded the drowning of a disabled man last week — and did nothing to help as they made fun of his struggles.
Jamel Dunn, 32, of Cocoa, drowned in a retention pond July 9. His body was recovered July 14, two days after his fiancee reported him missing. Late last week, a friend of Dunn's family came across the video on social media and forwarded it to authorities in Brevard County.
"Get out the water, you gonna die," yells one, while another yells, "ain’t nobody fixing to help you, you dumb (expletive)." As Dunn disappears under the water, one of the teens says, "Oh, he just died."
Police said the teens were identified and questioned by detectives, but it's unlikely they will face charges, since they were not directly involved in Dunn's death.
"Get out the water, you gonna die," yells one, while another yells, "ain’t nobody fixing to help you, you dumb (expletive)."
In the common law of most English-speaking countries, there is no general duty to come to the rescue of another.
[1] Generally, a person cannot be held liable for doing nothing while another person is in peril.
[2][3] However, such a duty may arise in two situations: A duty to rescue arises where a person creates a hazardous situation. If another person then falls into peril because of this hazardous situation, the creator of the hazard – who may not necessarily have been a negligent tortfeasor – has a duty to rescue the individual in peril.
[4] Such a duty may also arise where a "special relationship" exists. For example: Parents have a duty to rescue their minor children. This duty also applies to those acting in loco parentis, such as schools or babysitters.
[5] Common carriers have a duty to rescue their patrons.[6] Employers have an obligation to rescue employees, under an implied contract theory.
[7] In some U.S. jurisdictions, real property owners have a duty to rescue invitees but not trespassers from all reasonably foreseeable dangers on the property. Other jurisdictions, such as California, extend the duty to rescue to all persons who enter upon real property regardless whether they are classified as invitees, social guests or trespassers.[8] Spouses have a duty to rescue each other in all U.S. jurisdictions.
[9] In the United States, as of 2009 ten states had laws on the books requiring that people at least notify law enforcement of and/or seek aid for strangers in peril under certain conditions: California,[10][11] Florida,[10][12][13] Hawaii,[10][14] Massachusetts,
[10][15] Minnesota,[10][16] Ohio,[10][17] Rhode Island,[10][18] Vermont,[10][19] Washington,[10][20][21] and Wisconsin.
[10][22] These laws are also referred to as Good Samaritan laws, despite their difference from laws of the same name that protect individuals who try to help another person.[1] These laws are rarely applied, and are generally ignored by citizens and lawmakers.
[1] Where a duty to rescue arises, the rescuer must generally act with reasonable care, and can be held liable for injuries caused by a reckless rescue attempt. However, many states have limited or removed liability from rescuers in such circumstances, particularly where the rescuer is an emergency worker. Furthermore, the rescuers need not endanger themselves in conducting the rescue. Civil law[edit]