The Good Samaritan laws protect the average person for providing a service in good faith in an attempt to save that persons life. If the person administering the aid is a trained professional, such as a doctor, nurse, EMT, etc. they are usually not protected by the Good Samaritan Laws. If you stand by idle and do nothing, there is no possible criminal prosecution that I know of. I don't believe that you are obligated under any circumstances to offer aid just because you are there.
Good Doer goes to jail
- Thread starter Junkman
- Start date
- Status
My appologies..... my mistake....... didn't read that post that carefully..... must be another senior moment...... What were we discussing... /forums/images/graemlins/crazy.gif That's right.... Beef..... it must be Mad Cow Disease..... /forums/images/graemlins/grin.gif
Attachments
Moon
Platinum Member
- Joined
- Feb 4, 2002
- Messages
- 908
- Location
- SE Ohio, Meigs County
- Tractor
- Kubota L3010HST R4's, Scag Wildcat ZTR, 61
Junkman, I think your take on the Good Samaritan is correct ...but i vaguely remember a TV show or movie in which someone got in trouble with the law for not taking action and standing by idly. I sure don't know if anywhere in the US has such a law, but this strange twist in the plot made me wonder if a law like this is on the books somewhere.
slowrev
Elite Member
Good point Tom,
In ky you can be arrested for "failure to stop and render aid" when encountering a traffic accident, if you don't stop and offer to help.
It is a law, I think NC has a similiar law.
Ben
In ky you can be arrested for "failure to stop and render aid" when encountering a traffic accident, if you don't stop and offer to help.
It is a law, I think NC has a similiar law.
Ben
The problem with laws that require someone to render aid is that they might not be qualified to render aid and the aid that they render might be more harmful than no aid at all. One other problem that exists is that during some natural disasters, people rendering aid still aren't protected by the Good Samaritan laws. Here is a good example..... (read)
txdon
Super Star Member
<font color="blue"> "In ky you can be arrested for "failure to stop and render aid" when encountering a traffic accident, if you don't stop and offer to help."
</font>-slowrev
Slowrev, Texas penal code:
Sec. 550.023. Duty to Give Information and Render Aid.
The operator of a vehicle involved in an accident resulting in the injury or death of a person or damage to a vehicle that is driven or attended by a person shall: ......
3) provide any person injured in the accident reasonable assistance, including transporting or making arrangements for transporting the person to a physician or hospital for medical treatment if it is apparent that treatment is necessary, or if the injured person requests the transportation.
Notice: in Texas you actually have to be INVOLVED in the accident not just encountering a traffic accident to be required to render aid. That aid could just be calling 911.
</font>-slowrev
Slowrev, Texas penal code:
Sec. 550.023. Duty to Give Information and Render Aid.
The operator of a vehicle involved in an accident resulting in the injury or death of a person or damage to a vehicle that is driven or attended by a person shall: ......
3) provide any person injured in the accident reasonable assistance, including transporting or making arrangements for transporting the person to a physician or hospital for medical treatment if it is apparent that treatment is necessary, or if the injured person requests the transportation.
Notice: in Texas you actually have to be INVOLVED in the accident not just encountering a traffic accident to be required to render aid. That aid could just be calling 911.
Here's what the rescuer says (taken from today's Austin-American Statesman):
Had there been divers in the area, ready to take over, I would have gladly moved aside, yet I saw no rescue divers at the scene. Having been underwater for 10 minutes already, Duamni may or may not have survived long enough under there for a rescue response team to get him out alive. I knew and hoped that maybe I had a chance there to help him, and I stand by the decision that I made that day.
I can only hope that if under slightly different circumstances — that if I were in dire need or trouble — some good Samaritan would come to my aid. I have been helped by others in the past, and I feel that it is my obligation and duty to do the same.
I still have a criminal charge hanging over my head, a brand new police record and legitimate concerns about how this will affect my professional career.
Had there been divers in the area, ready to take over, I would have gladly moved aside, yet I saw no rescue divers at the scene. Having been underwater for 10 minutes already, Duamni may or may not have survived long enough under there for a rescue response team to get him out alive. I knew and hoped that maybe I had a chance there to help him, and I stand by the decision that I made that day.
I can only hope that if under slightly different circumstances — that if I were in dire need or trouble — some good Samaritan would come to my aid. I have been helped by others in the past, and I feel that it is my obligation and duty to do the same.
I still have a criminal charge hanging over my head, a brand new police record and legitimate concerns about how this will affect my professional career.
tillerkiller
Silver Member
This is a good thread and I really had to resist the urge to stir the pot yesterday but now I am gonna have to jump in with both feet.
Let's cut to the chase here:
I do not want to live where it is illegal for someone to render aid to me.
Think about that for a minute.
Do you want to live somewhere where it is illegal for a "non-professional" to render aid to you?
I understand that someone could get hurt trying to save my life if I got in the middle of a bad situation. And it should be that persons right to choose whether or not to risk their life to help me.
I will also agree that there are a lot of situations where people have put themselves into a situation that they have no training for, such as in MossRoad's excellent post about water rescues that have turned into water recoveries. And I am sure that a lot of would be rescuers have been killed trying to do the good thing. But I still say that it is my choice as to whether I will risk my life to help someone or not.
I'll take my chances with a good samaritan (hopefully with some common sense) that is at the scene over professionals that are fifteen minutes away any day.
In a bad situation, fifteen minutes is one heck of a long time.
Let's cut to the chase here:
I do not want to live where it is illegal for someone to render aid to me.
Think about that for a minute.
Do you want to live somewhere where it is illegal for a "non-professional" to render aid to you?
I understand that someone could get hurt trying to save my life if I got in the middle of a bad situation. And it should be that persons right to choose whether or not to risk their life to help me.
I will also agree that there are a lot of situations where people have put themselves into a situation that they have no training for, such as in MossRoad's excellent post about water rescues that have turned into water recoveries. And I am sure that a lot of would be rescuers have been killed trying to do the good thing. But I still say that it is my choice as to whether I will risk my life to help someone or not.
I'll take my chances with a good samaritan (hopefully with some common sense) that is at the scene over professionals that are fifteen minutes away any day.
In a bad situation, fifteen minutes is one heck of a long time.
MossRoad
Super Moderator
- Joined
- Aug 31, 2001
- Messages
- 60,184
- Location
- South Bend, Indiana (near)
- Tractor
- Power Trac PT425 2001 Model Year
If he was under water for 10 minutes, he would have been dead. In the water for 10 minutes. Possibly, yes. Under water for 10 minutes, no.
I still think it will come out that his actions after the rescue are what really got him in hot water(pardon the pun).
What gets me is that the area is known to be a problem. Kind of like a backyard swimming pool. I forget what they call it, but there is a term for attractions like that and that is why they have to be fenced in by state law(at least here, in Indiana). I'm surprised, with the deaths and other problems that have occurred in this water, that it hasn't been at least posted that anyone entering the water will face legal action.
I still think it will come out that his actions after the rescue are what really got him in hot water(pardon the pun).
What gets me is that the area is known to be a problem. Kind of like a backyard swimming pool. I forget what they call it, but there is a term for attractions like that and that is why they have to be fenced in by state law(at least here, in Indiana). I'm surprised, with the deaths and other problems that have occurred in this water, that it hasn't been at least posted that anyone entering the water will face legal action.
slowrev
Elite Member
TxDon,
The way it has been taught in drivers ed, etc in KY is that if you OBSERVE an accident you are rerquired to stop and offer aid. Again this could now be as little as calling 911, but you do not have to be involved in the accident. If you are involved and leave you can be charged with leaving the scene of an accident, or hit and run, a felony I believe.
Ben
The way it has been taught in drivers ed, etc in KY is that if you OBSERVE an accident you are rerquired to stop and offer aid. Again this could now be as little as calling 911, but you do not have to be involved in the accident. If you are involved and leave you can be charged with leaving the scene of an accident, or hit and run, a felony I believe.
Ben
- Status