Question
Elena is a professional snake charmer. She and her pet Indian cobra, Clarence, frequently entertain crowds with what appears to be a dangerous dance between
Elena is a professional snake charmer. She and her pet Indian cobra, Clarence, frequently entertain crowds with what appears to be a dangerous dance between them. Elena taunts and prods Clarence, who in return flares his hood and lunges at her in an intimidating show of aggression. Elena has never been bitten by Clarence and Clarence has never acted aggressively toward any spectators to their shows. During the latest performance, however, Clarence begins to act erratically. He strikes at Elena much faster than usual and she barely avoids his bite. He then slithers quickly off the stage toward the attending crowd. Seeing the four foot venomous snake slither toward them, people leap from their seats in a panic and run for the theater exits. In the stampede, Sonia is trampled and seriously injured. Luckily, Elena is able to capture Clarence and get him back in his cage before he bites anyone. Then, Elena escapes from the theater through a back exit, spotting Sonia on the floor of the theater just as she sneaks out. It takes thirty more minutes before someone comes to Sonia's aid, during which time her injuries worsen for lack of care.
This jurisdiction has a typical "Good Samaritan" law similar to those in a majority of other states.
Sonia sues Elena for leaving the the theater without trying to help her. The trial court dismisses the complaint for lack of an applicable duty of care. If Sonia appeals that decision, which is the most likely outcome?
a. The trial court will be reversed, because a duty of care to provide assistance to Sonia was created by the Good Samaritan statute.
b.The trial court will be affirmed, because there is no affirmative duty to provide assistance to anyone.
c.The trial court will be reversed, because a duty to provide assistance to Sonia was created by Elena's actions in the theater.
d.The trial court will be affirmed, because other people caused Sonia's injuries, not Elena or her snake Clarence, and thus no duty to provide assistance was created.
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