akuma587 on 22 December 2008
MrBubbles said:
i dont think this will go so well...
last i checked if someone was in a life-threatening situation and you could act, but didnt, you could be held legally responsible. meaning the ruling would be incorrect. |
No, a person has no legal duty to render aid to others unless there is already a preexisting legal duty (such as a parent and a child, or a contractual duty like a lifeguard and a swimmer).
Bystanders have no duty to render aid. There are a few states with good samaratian statutes which require you to render aid, but you only have to render aid if it isn't dangerous to do so, and you aren't expected to do something which you are physically incapable of doing.
And a good samaritan law usually only protects you if you aren't negligent. If you negligently render aid and leave someone in a worse condition than they were before, you can be sued.
And just because she can be sued doesn't mean that the person suing her will win, or that the case won't be dismissed at a summary judgment level.
We had two bags of grass, seventy-five pellets of mescaline, five sheets of high-powered blotter acid, a salt shaker half full of cocaine, a whole galaxy of multi-colored uppers, downers, screamers, laughers…Also a quart of tequila, a quart of rum, a case of beer, a pint of raw ether and two dozen amyls. The only thing that really worried me was the ether. There is nothing in the world more helpless and irresponsible and depraved than a man in the depths of an ether binge. –Raoul Duke
It is hard to shed anything but crocodile tears over White House speechwriter Patrick Buchanan's tragic analysis of the Nixon debacle. "It's like Sisyphus," he said. "We rolled the rock all the way up the mountain...and it rolled right back down on us...." Neither Sisyphus nor the commander of the Light Brigade nor Pat Buchanan had the time or any real inclination to question what they were doing...a martyr, to the bitter end, to a "flawed" cause and a narrow, atavistic concept of conservative politics that has done more damage to itself and the country in less than six years than its liberal enemies could have done in two or three decades. -Hunter S. Thompson
