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The Kindness Of Strangers: Interdisciplinary Foundations Of A Duty To Act, Nancy Levit

Faculty Works

In American tort law, one has historically been allowed to do nothing and not be held liable for injuries to others resulting from that inactivity. Viewed perhaps more charitably, tort law does not punish citizens for minding their own business. People generally have no affirmative duties to aid or protect others -- you can watch blind people walk into traffic and not be sued for failing to stop them. It's not nice, but it's not tortious. This essay examines the no duty to act rule in torts and the policy reasons typically offered in support of its enduring presence. It …