Also known as: take charge of the other · took charge of the other · taking charge · custody · control
Written by attorneys · grounded in primary & secondary sources — see below
A tort doctrine under which an actor who voluntarily assumes responsibility for another who reasonably appears imperiled and helpless incurs a duty to exercise reasonable care for the duration of that charge. The duty continues until the actor relinquishes the charge without leaving the other in a worse position than before the assumption of responsibility.
Trevor Tate comes upon Tamara Tan lying injured after a collision and unable to move. He lifts her into his car and begins driving toward a hospital. When he changes his mind and returns her to the roadside without medical attention, the doctrine imposes liability because he took charge of a helpless person and then discontinued aid without restoring her to her prior position.
Tobias Thomas finds Travis Tate unconscious and bleeding at a crash site. Tobias places Travis in his vehicle and drives toward medical help. After a short distance Tobias stops and leaves Travis beside the road, the doctrine requires Tobias to exercise reasonable care because he assumed control over an imperiled and helpless individual.
Talia Torres encounters Tiffany Torres drowning and pulls her from the water onto a dock. Talia begins CPR but then stops and walks away, leaving Tiffany still unconscious. The doctrine attaches liability because Talia took charge of a helpless person and discontinued aid without ensuring Tiffany was no worse off than before the intervention.
Select any source to read its text and confirm it supports the definition.
Trailblazer Airlines pilot Trevor Tate finds his elderly neighbor helpless after a fall and carries her inside to a couch. He later leaves without summoning help or confirming she can protect herself. The doctrine creates a duty of reasonable care because he took charge of an imperiled person and then abandoned the charge.
Tamara Tan finds Tobias Thomas injured and immobile on a trail. She carries him partway down the mountain but then sets him down and continues alone. The doctrine imposes a duty because she assumed control over a helpless person and discontinued aid without restoring him to his prior position.
Tidal Energy employee Travis Tate discovers tenant Talia Torres unconscious in a common-area stairwell. He moves her to a bench and begins first aid but then leaves without completing care or calling emergency services. The doctrine requires reasonable care because he took charge of an imperiled person and discontinued the assistance.
The plaintiff must prove that the defendant voluntarily assumed responsibility for a person who reasonably appeared imperiled and helpless. The assumption need not be explicit. Conduct that demonstrates control over the person's safety is sufficient. Once established, the defendant owes a duty of reasonable care for the duration of the charge.
Supporting sources
No. Mere discovery or observation does not trigger the duty. The defendant must affirmatively take charge by exercising control over the person's welfare, such as moving the person or beginning care. Without that assumption of responsibility the doctrine does not apply.
Supporting sources
The duty ends only when the defendant leaves the person in a position no worse than existed before the charge was assumed. If discontinuation increases the risk of harm, liability may attach even after the defendant has walked away.
Supporting sources
…to perform them without the control of any person. While the Secretary remains in office the President cannot take from his custody the seal of the United States nor prevent him from recording and affixing the seal to civil commissions of such officers as do not hold their offices at the will of the President after the…