Judge: California Responders Had No Legal Duty to Help Drowning Man

Zack's death prompted an independent investigation on how departments respond to water-based emergencies


 
 

Peter Hegarty, The Oakland Tribune | | Tuesday, February 12, 2013


ALAMEDA -- The police and firefighters who remained on shore as Raymond Zack waded into San Francisco Bay on Memorial Day 2011 and succumbed to hypothermia were under no legal duty to help him, a judge ruled Monday.

Officers and firefighters also did not worsen the 52-year-old Zack's condition by clearing Robert Crown Memorial State Beach or by preventing people from going to his aid, Judge George Hernandez said in a ruling that effectively tosses out a lawsuit that Zack's family filed against the city of Alameda.

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