Good Samaritan laws

[aimeeandbeatles]

Sort of a split-off from this thread:
http://forums.civfanatics.com/showthread.php?t=443593

What sort of good Samaritan laws do you have where you live?

If they exist, is there any way you would improve them?

If they don't exist, how would you have it if you were in charge of making them?

In any case, what do you think is an ideal balance between ensuring the rescuer is protected from liability and ensuring the person in need of help isn't injured more by a well-meaning but unknowledgable/reckless person trying to help them?

 

[NovaKart]

You might want to edit the title. At least its' not salmonella laws anymore

Don't take offense, I've made mistakes with titles too. The first thing that comes to mind about Good Samaritan Laws is the last episode of Seinfeld.

 

[aimeeandbeatles]

Oops, thanks. I can't spell that word real good.

Not quite as funny as the listeria/listerine thing.

 

[Phrossack]

So long as it can be determined that the Good Samaritan was trying to help, they should be protected from liability that might result, like accidentally harming a person as they drag them out of a burning car. Good Sarmatians are even better.

Spoiler :

 

[GoodSarmatian]

So long as it can be determined that the Good Samaritan was trying to help, they should be protected from liability that might result, like accidentally harming a person as they drag them out of a burning car. Good Sarmatians are even better.

Spoiler :

I agree !

In Germany you can actually be punished for not helping, and I agree with this law.

Lazy copy/paste from wikipedia:

Germany

In Germany, "Unterlassene Hilfeleistung" (neglect to provide assistance) is an offense according to paragraph 323c of the Strafgesetzbuch; a citizen is obliged to provide help in case of accident or general danger if necessary, and is immune from prosecution if assistance given in good faith turns out to be harmful. Also the helper may not be held responsible if the action he should take in order to help is unacceptable for him and he is unable to act (for example when unable to act at the sight of blood). In Germany, knowledge of basic emergency measures and First Aid and CPR Certification is a prerequisite for the granting of a driving license.

There's also caveats like capability and risk. You're not obligated to help if doing so would put you in a dangerous situation, you're not qualified (don't know CPR), or you'd have to neglect important duties (for example you witness an accident while working as an air traffic controller), but you still have an obligation to call an ambulance, firefighters etc...

 

[Defiant47]

I really like the Germans' stance on this!

 

[Defiant47]

So long as it can be determined that the Good Samaritan was trying to help, they should be protected from liability that might result, like accidentally harming a person as they drag them out of a burning car. Good Sarmatians are even better.

Spoiler :

...

...

I just realized your name is Good Sarmatian, not Good Samaritan.

 

[wolfigor]

I agree !

In Germany you can actually be punished for not helping, and I agree with this law.

Lazy copy/paste from wikipedia:



There's also caveats like capability and risk. You're not obligated to help if doing so would put you in a dangerous situation, you're not qualified (don't know CPR), or you'd have to neglect important duties (for example you witness an accident while working as an air traffic controller), but you still have an obligation to call an ambulance, firefighters etc...

In Italy there is pretty much the same law.
I did not find a good formulation in English, so I'll give you the essential points:
- in case of road incident you have to call police and/or medical assistance
- you must remain in the place until such help arrives
- you have to provide help according to your capacity

In the case you are the cause of the incident the law is very strict and can lead to 3 years of jail for failing to provide assistance.
If the failure to assist cases serious injuries (up to death) the penalty is doubled.



The generic formulation of the law (unrelated to car incidents) also include the duty to report and assist in case you find a "lost" person who is of 10 or less years of age or anyway a person incapable of taking care of himself (e.g. very old person).

The generic formulation also states that the duty to help is to be applied if somebody finds a human body that seems lifeless or an injured or in need of assistance.

 

[Skwink]

Terrible laws. Jerry, George, Kramer, and Elaine's trial was completely unfair.

 

[say1988]

In Ontario I don't think there is anything forcing an third party to provide assistance (with the exception of professionals).
If someone does they are protected if they aren't doing it for a reward/compensation with the exception of gross negligence.

I don't like the idea where an individual is forced to provide direct assistance if there is no expectation that the individual is trained, however a law requiring them to call for professional assistance (i.e. ambulance) is not a bad idea.

 

[wolfigor]

I don't like the idea where an individual is forced to provide direct assistance if there is no expectation that the individual is trained, however a law requiring them to call for professional assistance (i.e. ambulance) is not a bad idea.

In the laws previously posted (Germany and Italy) there is the important caveats that people are obliged to assist according to their ability.
If you are not trained in CPR, you are not obliged to give CPR.
You are however obliged to call assistance (e.g. police, ambulance, etc.) and stay on the place until such assistance arrives.

 

[Phrossack]

I agree !

In Germany you can actually be punished for not helping, and I agree with this law.

Lazy copy/paste from wikipedia:



There's also caveats like capability and risk. You're not obligated to help if doing so would put you in a dangerous situation, you're not qualified (don't know CPR), or you'd have to neglect important duties (for example you witness an accident while working as an air traffic controller), but you still have an obligation to call an ambulance, firefighters etc...

Excellent law and excellent username. I wanted it a long time ago, but for some reason, all the good and obscure usernames like "Cataphract" are always taken on every forum.

Anyway, all countries should adopt Germany's stance on this. It's simply unbelievable that so many "people" out there would actually ignore a toddler who got hit by a car. Ordinary dogs are far more noble.
http://www.youtube.com/watch?v=ofpYRITtLSg
http://www.youtube.com/watch?v=2rWP1O3HbAs&feature=related

 

[squall78]

what happens if you refuse ambulance service because you have no insurance, and some good samaritan calls it in anyway?

 

[GoodSarmatian]

what happens if you refuse ambulance service because you have no insurance, and some good samaritan calls it in anyway?

Is this directed at the German law ?
Bismarck introduced universal healthcare in 1883.

 

[squall78]

oops, I guess this would be an USA (#1) situation.

 

[Flying Pig]

GoodSarmatian, I have to say your name is bringing out my inner dyslexic in this thread!

 

[GoodSarmatian]

I know.
It was the lamest worplay I could think of when I joined the forum.