Negligence law distinguishes between misfeasance (harmful actions) and nonfeasance (failure to act). While misfeasance typically leads to liability, nonfeasance generally doesn't. The "no duty to act" rule means we're not obligated to help others in most situations.

However, exceptions exist. Special relationships, like parent-child or employer-employee, can create a duty to act. Some jurisdictions have "duty to rescue" laws, and voluntarily helping someone may also create an obligation to act reasonably in that situation.

Duty to Act and Nonfeasance in Negligence Law

Misfeasance vs nonfeasance in negligence

• Misfeasance involves an affirmative act that causes harm or injury to another person requires active misconduct or improper performance of a legal duty (driver runs a red light and causes an accident)
• Nonfeasance involves a failure to act or take steps to prevent harm to another person occurs when an individual does not perform a duty they are obligated to perform (bystander witnesses a person drowning but does not attempt to help or call for assistance)

No duty to act rule

• In most situations, individuals are not required to take affirmative action to help or protect others from harm based on the principle that the law should not impose liability for inaction or failure to act
• Certain relationships may give rise to a legal duty to take affirmative action to protect or aid others
  • Parent-child relationship
  • Employer-employee relationship
  • Common carrier-passenger relationship (airlines, trains, buses)
  • Innkeeper-guest relationship
  • Landowner-invitee relationship

Exceptions to no duty rule

• Duty to rescue in some jurisdictions, there may be a legal duty to rescue or assist someone in peril if it can be done without putting oneself in danger (state law requiring individuals to call for help if they witness a crime or emergency situation)
• Creation of peril if an individual's actions create a dangerous situation, they may have a duty to take reasonable steps to prevent harm to others (store owner who spills a slippery substance on the floor has a duty to clean it up or warn customers of the hazard)
• Voluntary assumption of duty if an individual voluntarily undertakes to help or protect another person, they may be required to exercise reasonable care in doing so (lifeguard who agrees to watch over a swimming pool assumes a duty to act reasonably in ensuring the safety of swimmers)

Duty to act in special circumstances

• Prior conduct if an individual's prior actions create a foreseeable risk of harm to others, they may have a duty to take reasonable steps to mitigate that risk (property owner who allows a dangerous condition to persist on their land may have a duty to warn or protect visitors from the hazard)
• Assumed responsibilities when an individual takes on a role or responsibility that involves ensuring the safety or well-being of others, they may have a duty to act with reasonable care
  • Babysitter who agrees to watch a child assumes a duty to provide reasonable supervision and care
  • Security guard hired to protect a building assumes a duty to take reasonable steps to ensure the safety of occupants