Borrack v. Reed
District Court of Appeal of Florida
53 So.3d 1253 (2011)
Randi Borrack (plaintiff) was dating Charles Reed (defendant) when he took her hiking up a lakeside cliff. Borrack protested and said she was uncomfortable, but Reed refused to turn back and told her he wanted to share the view he once enjoyed with his late brother. Feeling pressured and afraid to descend alone, Borrack reached the top. While she wasn't looking, Reed jumped into the lake below. When Borrack asked Reed's nephew what happened, he said he didn't know and told her to jump in to find Reed. Out of fear and love, Borrack jumped and was permanently injured. She sued Reed for negligence, alleging he created a dangerous situation and owed her a duty to reduce the risk or protect her. The trial court dismissed her complaint for failing to state a claim, and Borrack appealed.
Whether coercing or actively inducing a person to involuntarily engage in a dangerous activity creates a foreseeable zone of risk that imposes a duty to lessen that risk or ensure the person's safety.