Simonsen v. Thorin
Citation and Court
120 Neb. 684 (1931), Supreme Court of Nebraska
Facts
Thorin came upon Simonsen, who had been injured in an accident and was lying on a public road. Thorin drove past without rendering aid. Simonsen subsequently suffered further injury and sued Thorin for failing to stop and assist a person in peril.
Issue
Whether a stranger who comes upon an injured person in a public place has a legal duty to render assistance.
Holding
The court held that Thorin had no legal duty to stop and aid Simonsen because there was no special relationship between them and Thorin had not caused the initial injury.
Rule / Doctrine
At common law, there is generally no affirmative legal duty to render aid to a stranger in peril, even if the rescuer could do so at little or no risk to themselves. The duty to act arises only when a special relationship exists (e.g., carrier/passenger, employer/employee, landowner/invitee) or when the defendant caused the peril.
Significance
Simonsen v. Thorin is a foundational case on the no-duty-to-rescue rule at common law. It illustrates the sharp distinction between misfeasance (acting carelessly) and nonfeasance (failing to act), and is used to introduce the debate over whether the law should impose affirmative duties to aid strangers, as many civil law systems do.