Van Horn v. Watson

Opinion

MORENO, J.

Under well-established common law principles, a person has no duty to come to the aid of another. (Artiglio v. Corning, Inc. (1998) 18 Cal.4th 604, 613 [76 Cal.Rptr.2d 479, 957 P.2d 1313]; Williams v.. State of California (1983) 34 Cal.3d 18, 23 [192 Cal.Rptr. 233, 664 P.2d 137].) If, however, a person elects to come to someone’s aid, he or she has a duty to exercise due care. (Williams, supra, 34 Cal.3d at p. 23.) Thus, a “good Samaritan” who attempts to help someone might be liable if he or she does not exercise due care and ends up causing harm. {Ibid.) The Legislature has…