A transit officer sees a 2-year-old child walking along the edge of a train station by herself. The officer realizes that it looks strange and dangerous that she is walking very close to the edge. While the child is standing next to the officer she prepares to jump onto the tracks. The officer could have could have grabbed her and pulled her back onto the platform, but he chose not to do so. Unfortunately, the child gets hit by a train and dies. The parents, were nearby and didn’t notice that their child walked away from them, sue the officer and the city for damages. What is the probable outcome of their suit? What if it wasn’t an officer but just another rider on the subway?

A transit officer sees a 2-year-old child walking along the edge of a train station by herself. The officer realizes that it looks strange and dangerous that she is walking very close to the edge. While the child is standing next to the officer she prepares to jump onto the tracks. The officer could have could have grabbed her and pulled her back onto the platform, but he chose not to do so. Unfortunately, the child gets hit by a train and dies. The parents, were nearby and didn’t notice that their child walked away from them, sue the officer and the city for damages. What is the probable outcome of their suit? What if it wasn’t an officer but just another rider on the subway?