California, United States of America
The following excerpt is from Bom v. Superior Court, B292788, B292846, B292914, B292944 (Cal. App. 2020):
duty under similar circumstances in different contexts: "courts have found a special relationship giving rise to an affirmative duty to act where some act or omission on the part of the defendant either created or increased the risk of injury . . . or created a dependency relationship inducing reliance or preventing assistance from others. [Citations.] Where, however, the defendant took no affirmative action which contributed to, increased, or changed the risk which would otherwise have existed, and did not voluntarily assume any responsibility to protect the person or induce a false sense of security, courts have refused to find a special relationship giving rise to a duty to act." (People v. Oliver (1989) 210 Cal.App.3d 138, 147.)
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