Bystander's Duty and the Law of Torts--An Alternative Proposal

The purpose of this article is to propose a middle ground – one between the traditional concept of no duty at all and the suggested duty of active aid and rescue. Let us simply impose a duty upon the bystander to sound an alarm which would be appropriate under the circumstances. It might take the form of an oral warning directly to the victim that the latter is in a perilous position or, on the other hand, a summons to the fire department, police, or an emergency medical unit may be appropriate. The essential factor, however, is, that regardless of the nature of the warning it must correspond to the situation that has elicited it.