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.