State v. Burris

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 123,650 STATE OF KANSAS, Appellee, v. CAROL SUE BURRIS, Appellant. SYLLABUS BY THE COURT 1. A person may be held criminally liable for a failure to act if that person owes a legal duty of care. Legal duties of care can arise out of either common law or legislative enactment. 2. A legal duty of care is imposed at common law when a person is in a special relationship with another. One such relationship is marriage. A legal duty of care also arises when a person has voluntarily assumed the care of another and has prevented others from rendering…