A legal duty must be established to assess Samantha's liability for Timothy's death. If no obligation exists, Samantha cannot be held liable. Legal duty depends on harm foreseeability. In Dorsey v. Reider, 139 So. 3d 860 (Fla. 2014), the court highlighted that negligence duty concerns whether the defendant's conduct foreseeably created a broader risk zone, posing a general harm threat. The court ruled the defendant owed a duty of care due to the foreseeable risk zone.In contrast, Knight v. Merhige, 133 So. 3d 1140, 1141 (Fla. Dist. Ct. App. 2014) found parents of a murderer owed no duty to protect an extended family from their adult son. The court identified no special relationship or control over the firearm or location. A no-duty ruling exempts actors from liability in a category of cases based on articulated policies or principles. Lee v. Harper, 328 So. 3d 384, 386 (Fla. Dist. Ct. App. 2021) ruled a sheriff had no duty of care to a supervised releasee harassed by the sheriff's deputy. A negligence claim requires a legal duty owed by the defendant to the plaintiff, a breach of that duty, injury to the plaintiff legally caused by the defendant's breach, and damages resulting from that 'injury. Applying these principles, Samantha likely owed no duty to Timothy. 

Her actions may not have foreseeably created a broader risk zone, as required by Dorsey. Additionally, as in Knight, no special relationship or sufficient control over circumstances may exist to impose a legal duty. Samantha is unlikely to be criminally liable for Timothy's death without a legal duty. In conclusion, based on Dorsey, Knight, and Lee, Samantha may not have owed Timothy a legal duty. If this argument prevails, she would not be liable for his death, as the existence of a legal obligation is a threshold issue in negligence cases.

Reply to the post above arguing that Samantha owed a duty to Timothy and because of that duty, she is most likely criminally liable for his death.

• Find weaknesses, flaws, or lack of applicability in the case law cited by the defense to your case.
• Relying on a criminal case from your home state (florida), draft the legal analysis for your counterargument .
• All cases must be obtained from Westlaw, properly cited, and fully embedded within your post. 

Answer rating: 100% (QA)

Counterargument While the defense makes a compelling argument based on the principles derived from Dorsey v Reider Knight v Merhige and Lee v Harper there are significant weaknesses and flaws in their ... View the full answer