Can a mother who mistakenly believes that her son has been injured in a hit-and-run accident be held liable for failing to stop at the scene of the accident?

California, United States of America


The following excerpt is from Ledger v. Tippitt, 164 Cal.App.3d 625, 210 Cal.Rptr. 814 (Cal. App. 1985):

9 In Barnes v. Geiger (1983) 15 Mass.App. 365, 446 N.E.2d 78, the plaintiff saw a car strike a pedestrian and toss him in the air near where her 13 year old son and 10 year old daughter had gone ice skating. Convinced that the victim was her son, she went to the scene to rescue the injured party. She was mistaken, as the stricken child was an unrelated 15 year old boy. She died the next day. The court denied liability, reasoning that danger invites rescue and accidents invite onlookers. It was not reasonable to extend the rescue doctrine to all who run to the scene of a calamity on the chance they might be able to do good, or to allow recovery to an unrelated person, who mistakenly believes that her child has been hurt. (Id., 446 N.E.2d at pp. 81-82.)

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