California, United States of America
The following excerpt is from Smith v. City and County of San Francisco, 225 Cal.App.3d 38, 275 Cal.Rptr. 17 (Cal. App. 1990):
"A person who has not created a peril is not liable in tort merely for failure to take affirmative action to assist or protect another unless there is some relationship between them which gives rise to a duty to act." (Williams v. State of California (1983) 34 Cal.3d 18, 23, 192 Cal.Rptr. 233, 664 P.2d 137.) Thus, "when the state, through its agents, voluntarily assumes a protective duty toward a certain member of the public and undertakes action on behalf of that member, thereby inducing reliance, it is held to the same standard of care as a private person or organization." (Id. at p. 24, 192 Cal.Rptr. 233, 664 P.2d 137.)
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