pattern jury instructions
overview
how  to use
table of contents
index
ND cases cited
ND statutes cited
cross reference numbers
burden of proof req.
table of contents
index
nd cases cited
nd statutes cited
cross reference numbers
burden of proof req.
PJI home
SBAND home
 
 
Duty to Assist
2003
- Tort Liability
C - 3.12
A person who knows, or has reason to know, that one’s conduct, whether wrongful or innocent, has caused harm to another, has a duty to render assistance to prevent further harm.

A person who breaches this duty is responsible for any additional harm proximately caused by the breach.
 
South v. Nat’l R.R. Passenger Corp., 290 NW2d 819, 837 (ND 1980)

Restatement (2d) Torts, Duty to Aid Another Harmed by Conduct, § 322