Legal Question in Criminal Law in California

Re: Watching your wife die.

I'm so sorry to hear about your loss. What a tragic story.

Mr. Nelson is correct that there is generally no duty to rescue someone in distress. However, the general rule doesn't always apply. Where there is a special relationship between the two people involved -- and marriage surely qualifies -- the law likely would impose a duty to do what is reasonably possible. Calling 911 is easy enough to do, so he could be held responsible civillay and criminally. Note that I said "could" and not "would," since the exact contours of his duties in this situation are not entirely clear.

As Mr. Miller points out, the husband will only be responsible if prompt intervention could have saved the wife. It may be that she could not have been saved, in which case he would not be responsible for her death. Depending upon the circumstances, it is conceivable that he had no reason to believe her life was in danger when he first saw her (not likely, but conceivable), and if that is the case the law will not hold him accountable.

Your question says nothing about the actual cause of death. That information would make it a lot easier to offer some guidance.

Re: Watching your wife die.

Well, it is possible the police/DA could charge him with some form of negligent homicide in her death, and it is possible for members of her family to sue him. That would be a very unpleasant lawsuit, but they happen. If the coroner or doctors say she could have survived if treated earlier, then the criminal and civil cases have some legal basis. The family would have to ask what is the goal of such suit. If merely seeking money, they would look to see if he has money or substantial assets. If he doesn't, then there would be no point except vengance. I certainly don't encourage such suit, but if the family is serious, you could contact me to discuss the facts.

Re: Watching your wife die.

Thank you for your posting.

As Mr. Nelson indicated, the facts would be very important to an analysis of what happened. If, in fact, the husband was a medical professional, he might be held to a higher standard than the gross negligence standard, of California. (In other words, if the conduct was grossly negligent and caused her death when she would have otherwise recovered, he may be liable).

California also has enacted a requirement that any rescuer provide emergency care in good faith, although there is no "good samaritan" duty to do so.

I hope that this information helps, but if you want more information, have further questions, or feel that you need legal representation, please feel free to email me directly at [email protected]. It's my pleasure to assist you in any way that I can.