Ted Kennedy and the Duty to Rescue
With Ted Kennedy dominating the news and Boston’s airspace (closed to private aircraft until the Washington royalty have completed paying their respects), it seems like a good time to discuss the duty to rescue. Under traditional Common Law, a bystander who observed Ted Kennedy driving his car into the water would not have had any obligation to dive in and pull Mary Jo Kopechne out, nor to call the police or fire department. According to the Wikipedia page on the Chappaquiddick incident, Ted Kennedy was never charged with failure to carry out any duty to rescue, though a house with the lights on and a phone was just a few seconds’ walk from where Ted Kennedy emerged (source) and a rescue diver would have been able to reach the scene within 25 minutes (as he did the next morning).
An article by Peter Agulnick indicates that Ted Kennedy might have had some obligation under Common Law:
“A bystander is charged with a reasonable duty to rescue if he creates the risk or causes the dangerous situation that the victim faces. This is true whether the bystander’s endangering acts were intentional, negligent, or, as some courts have held, completely innocent.”
The article is interesting partly for its application to Ted Kennedy’s killing of Mary Jo Kopechne, but also for its discussion of why we might be better off without a strong obligation to rescue fellow citizens.
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