Under what circumstances may a defendant have an affirmative duty to act?

A defendant may have an affirmative duty to act when their actions put someone in peril. This principle is rooted in the idea that if a person creates a dangerous situation, they have a responsibility to help mitigate or rectify that situation. For example, if a person causes an accident that harms another, they can be held liable for failing to assist the victim or ensure their safety. This obligation arises because the person who created the risk is in a better position to help, having contributed to the harmful circumstances.

While awareness of someone's need for help can sometimes lead to a duty to assist, it does not automatically create an obligation to act unless there are other factors involved, such as having placed the victim in danger. Additionally, knowing the victim personally does not, by itself, establish a duty to act; the law does not impose such personal relationships as a requirement for assistance in emergency situations. Training in emergency response can certainly influence how someone responds, but having training alone does not create a legal duty to act, unless coupled with an action that causes peril. Ultimately, the duty to act fundamentally connects to the actions that place others in danger.