Responsibility or Not So Much
I’m taking a legal course, and I came across a statute that really makes me upset. I’ve heard about it before, but I’ve now actually read more about it.
In the Restatement of Torts there is a section that discusses the Duty to Act. According to the law, no one is required to aid someone who is in a dangerous situation, except in special circumstances. This means that if you see a child falling off a cliff, you don’t have to do anything to help them, you can walk by and watch them fall to their death, without any legal liability.
The exceptions are if you are that child’s parent, or babysitter, or more specifically there must be a “carrier-passenger, innkeeper-guest, employer-employee, store-owner-customer, or parent-child relationship.” Additionally, if you have already voluntarily made an effort to help the child you cannot just abandon him or her, leave them in a worse situation, or use unreasonable care that increases injury to them.
I know we cannot force people to help others–that is an invasion of their rights–but I just think that it is horrible to say that you watched someone drown and did not make any efforts to help them–e.g., calling for an ambulance or a life guard or something–but it is ok because you had no obligations to.
I would want everyone to try to help someone who has been in a car accident. Yes, I am biased. But is it wrong to say that this legal excuse only sets a precedent that it’s not necessary to help if you may get injured in the process? It says that there is nothing wrong with turning a blind eye if it is inconvenient to look.
Edit
I was wrong, my host just moved my site to the new server. They say that because they are keeping it on both servers until the dns resolves, my site shouldn’t go down, so that’s good. Also, there was some problems with the “old” server, that’s why yesterdays service was so shoddy, but it’s fine now.
I’ve also joined New Millenium.
21 Comments
That’s horrible. But I guess we need to think that just because your a witness to it your guilty. But just because it isn’t legal doesn’t mean people wont help someone else if they fall off a cliff. We’re all humans after all, and most humans would do whatever they could for someone in one of those situations.
True, but I think the fact that the precedent exists speaks to the reality that people do actually decide to not help when they can.
Ugh. That’s awful. Is this the case of laws in every country? But still, human nature is evident even in (though I hate to use such a text as an example) the Bible and that good samaritan tale. That particular example demonstrates that for ages hence that some people would ignore instead of help.
What I find interesting is that although you are not legally bound to provide any sort of assistance unless there is some sort of “relationship” between yourself and the party who is in danger, in most states, anyone with medical training, even if it is only CPR certification can be fined for not offering assistance if they are caught.
I don’t exactly know how things are regulated by law here, I just know that if you have a first aid diploma (you don’t have to be a doctor to get that) or are allowed to resuscitate someone and you don’t do anything (such as calling an ambulance) you can be prosecuted
i hope you succeed and pass your legal course!!
I completely understand why that upsets you, that’s so awful.. I mean, no people don’t have to help, but that’s someone’s life you are talking about. And I assume that goes for public offenses [like if you were in a dark alley.. and someone was being attacked or in the process of being raped and the victim was screaming]. Oh my gosh that makes me feel so awful to see myself in a situation like that… and no one is even required to help.. what?! I mean, I’m sure if people put themselves in a victim position, they would think it was wrong for someone to not help them..
Wow, but that just can be insensible and .. grar.. it’s just that each person should know what’s better for others and when you help others is for the better and because it’s the right thing to do and ethics.. maybe one day we will live in a world with no help, just worrying about oneself.
Funny, I’m on a different computer now and everything I usually see pink, is now red (e.g. the bar on the background). I’m now wondering whether it’s supposed to be red or pink?
It’s red.
here it’s actually illegal NOT to help someone in a car accident, I don’t know about the other stuff though. I can sort of understand that law, that they can’t/don’t want to force someone to risk their health/life for someone else, so they won’t write in a law that you are obliged to help someone. But I do think most people with a tiny bit of sense between their ears will try to save someone in a situation like that.
just a quick question, I have a Gravatar, but it doesn’t show at this site, is it cause it’s not the right size?
No, it would be resized, so I’m not sure why it’s not showing.
It happens to me too sometimes, that the gravatar isn’t showing up.
Red.. ah well I like both color variations
thats one wierd law. strange that something like that even exists. yikes. i would help someone, but then again i would think about it or get help, but i wouldn’t stand back and watch….or would i? anyways, love the colors or ur layout.
I think that I can understand why the law exists… and as sad as it is, inaction is often a part of… I guess the human condition. A lot of the time people have a fear to act, not necessarily because they will get hurt, but also because they’re afraid that they don’t know what to do or that something will go wrong…
I remember being at the train station once and this man just collapsed down the stairs. I didn’t know what to do. Was he dead? Should I try and offer some assistance, even though I was incompetent to help? I could have done more damage for all I knew. I was so glad when somebody else stepped in a took charge because I was frozen.
Should I be made the pay for my fears and frustration, because it might have appeared that I was uncaring?
Wow, you know these same kinda thing was in a Seinfeld episode- not sure if you seen it- it has Jerry Seinfeld in it. Anyways, they had been charged with a Good Samaritan{sp?} Law that said they had to act but I never knew it was that specific in real life. It is sad that they have it so specific and no to everyone because you should help everyone you can. It’s rare that there is a good person willing to help someone and there should be more.
Good luck with your legal course =)!
I think this law exists so someone who isn’t able to help another in a dangerous situation isn’t held liable for their injuries or their death. We all hope that if it’s us that someone will come to our aid. Unfortunately it’s a sad fact that someone would rather ignore a person in need rather than either take the time or risk themselves in order to help.
See, I would disagree with that, if it was clear that the person wasn’t able to help, then there would be no question of their actual decision to give aid.
Moreover, quite a bit of cases that discuss this are once again, cases in which help could have been given, but was not.
But even with a trained person (who’s not a professional but just like you and me) someone can be afraid to do something. A person in panicking mode can do crazy things, or just freeze at the spot. Remember that not all trained people actually chose to do that training. I for example didn’t get a choice when I was trained; I had to do it, part of college regulations in our last year. I didn’t mind because I felt OK doing it and getting it, but I’m sure there are others who didn’t like the idea of being forced to help by law now they involuntarily go the training.
That’s the bitter reality: What is legal isn’t necessarily moral (ly right). I understand what you’re feeling, as feel it too. It’s really upsetting, but sometimes you can’t help freezing when something bad happens. You’ll never know if what you’re “supposed” to do will be helpful or just make the situation worse. I think we have to consider this situation in a case-to-case basis.