A waitress at a restaurant, while checking on her tables, observed a diner choking. Is the waitress legally obligated to aid the choking diner?
A) No, and if she does and is negligent, the restaurant will not be liable.
B) Yes, and if she does not, the restaurant will be liable.
C) No, but if she does and is negligent, the restaurant will be liable.
D) Yes, and if she does, the restaurant will not be liable even if the waitress is grossly negligent.

Question

Quizplus · Accepted Answer

Generally, a waitress (or any bystander) is not legally obligated to aid a choking diner unless there is a specific duty to act under the law, which can vary by jurisdiction. However, if the waitress chooses to help and does so negligently, the restaurant could be held liable for her actions under the principle of vicarious liability, where employers are responsible for the actions of their employees performed within the scope of their employment.

A Waitress at a Restaurant, While Checking on Her Tables