The recent suspension of a veteran firefighter with the Houston (TX) Fire Department for allegedly failing to treat a child brought to a fire station demonstrates the importance of remembering duty. Duty is a legal concept that implies that an individual or organization has a legal responsibility to act or refrain from acting in a given situation.1 If the individual does not fulfill his obligations, then he may be legally liable for the consequences under theories of negligence. Without an underlying duty, there can be no negligence.2 This article will present a synopsis of the facts in the Houston case, which are used to demonstrate several means by which a duty to act may be found for an emergency services provider. No judgment of the Houston Fire Department is intended herein.
展开▼
