See If You Can Answer This MBE Question!
While on vacation, a police officer sees a child next to him about to dive into a shallow pool. The officer could prevent the child from doing so by yelling out or Reaching over to stop the child, but instead does nothing. The child is severely hurt. Subsequently, the child’s father learned that the officer was at the scene of the accident and did nothing to save the child.
In a suit for damages, will the father, on behalf of the child, prevail against the officer?
(A) No, because the officer violated no duty to the child or his father.
(B)No, because the father cannot prove that the officer saw the incident.
(C)Yes, because the officer’s mere presence must have created reliance by the child which led to the accident.
(D)Yes, because the officer’s negligent conduct was a proximate cause of the accident.