Vince Falls Down the Stairs in His Home

Multiple Choice

Vince falls down the stairs in his home.Luckily, he has his cell phone in his pocket.While immobilized on the floor, he calls a neighbor to ask the neighbor to call an ambulance.The neighbor says, "I'll take care of it." The neighbor gets distracted and forgets to call the ambulance.Vince sues the neighbor for negligence.

A) The neighbor did not have a duty to help Vince because the neighbor's promise to call the ambulance was gratuitous.
B) The neighbor had a duty to help Vince even though the promise to call the ambulance was gratuitous.
C) The neighbor had a duty to help Vince because of the special relationship that exists between neighbors.
D) The neighbor did not have a duty to help Vince because there was no affirmative conduct by the neighbor that endangered Vince.