This question should be answered in an IRAC format. Please include all relevant keywords, terms, and phrases when discussing each topic.
Derek was out backpacking with friends when he came upon another hiker, who had been bitten by a poisonous spider. The spider bite, while dangerous, was not lethal or would have no permanent damage if treated within 24 hours. Derek and his companions carried the bitten hiker back to Derek’s SUV, and Derek drove him toward the nearest hospital. On the way there, while exceeding the posted speed limit by 30 miles, Derek lost control of his vehicle and crashed into a telephone pole by the side of the road. He was uninjured, but the spider bitten hiker’s leg was broken.
An ambulance soon arrived and took the hiker to the hospital. The emergency room physician committed malpractice that resulted in the loss of the hiker’s leg. The hiker is now suing Derek.
Will Derek be held liable for hiker’s injuries?
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Is there an affirmative duty to act when a rescuer comes to the aid of another? What is the scope of that duty? Did Derek breach it?