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Title 42, The Public Health and WelfareRelease 119-102

§1986 Action for Neglect to Prevent

Title 42 › CHAPTER 21 — CIVIL RIGHTS › SUBCHAPTER I — GENERALLY › § 1986

Last updated Aug 21, 2026|Official source

Summary

Requires anyone who knows one of the wrongs listed in section 1985 is about to happen and who can stop it, to try to stop it. If they don’t and the harm occurs, they must pay for the damage their reasonable effort could have prevented. More than one person can be sued together. If the wrongful act and the neglect cause a death, the deceased’s legal representatives can sue and recover up to $5,000 for the widow or, if there is no widow, for the next of kin. The lawsuit must be started within one year after the harm happened.

Full Legal Text

Title 42, §1986

The Public Health and Welfare, Source: USLM XML via OLRC

Every person who, having knowledge that any of the wrongs conspired to be done, and mentioned in section 1985 of this title, are about to be committed, and having power to prevent or aid in preventing the commission of the same, neglects or refuses so to do, if such wrongful act be committed, shall be liable to the party injured, or his legal representatives, for all damages caused by such wrongful act, which such person by reasonable diligence could have prevented; and such damages may be recovered in an action on the case; and any number of persons guilty of such wrongful neglect or refusal may be joined as defendants in the action; and if the death of any party be caused by any such wrongful act and neglect, the legal representatives of the deceased shall have such action therefor, and may recover not exceeding $5,000 damages therein, for the benefit of the widow of the deceased, if there be one, and if there be no widow, then for the benefit of the next of kin of the deceased. But no action under the provisions of this section shall be sustained which is not commenced within one year after the cause of action has accrued.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification R.S. § 1981 derived from act Apr. 20, 1871, ch. 22, § 6, 17 Stat. 15. Section was formerly classified to section 48 of Title 8, Aliens and Nationality.

Reference

Citations & Metadata

Citation

42 U.S.C. § 1986

Title 42, The Public Health and Welfare

Last Updated

Aug 21, 2026

Release point: 119-102