Legal Question in Criminal Law in California
An elderly woman with occassional signs of dementia went to a neighbors home a few houses down in the middle of the night reporting there was someone in her home and she was afraid. The long time neighbor (aware of her condition) went to her home and called a family member until they could arrive to be with the woman. The family member walked the neighbor home. The neighbor is gracious and kind but also elderly and did this of her own free will. IF the neighbor were to walk home ALONE and get assaulted or mugged, is the elderly woman or her family legally liable in any way and does age matter regarding the law? They have never asked the neighbor to leave her home during dark am hours and have told her to just call the family whenever this occurs
1 Answer from Attorneys
No one becomes liable to another because of a crime committed against the other, unless part of the conspiracy or attack. Good sense and morality dictates we properly help others, but we are not 'legally' liable for refusal or failure to do so. Let your conscience be your guide.
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