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Richardson Crim Law Casebook
Resource 3 . 5

Omission Liability

Song Richardson

We have discussed when liability can be based on a voluntary act. This section discusses when liability can be based on a failure to act, i.e. an omission.

Generally, one can only be held liable for an omission when one 1) has a legal duty act, and 2) is physically capable of acting, and 3) knows the facts giving rise to the need to act.  

The legal duties recognized by courts include:

         --special relationship

         --contractual

         --statutory duty

         --creation of the risk

         --voluntarily assumption of care.

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