If someone was drowning in the water and you had a life saving device next to you, do you have to throw it in to save the person to avoid going to jail?
2007-10-23 18:39:50 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
No -- there is no affirmative duty to act except in a few limited situations.
If you caused the problem (such as causing the person to start drowning) -- then you have a duty to act.
If you accepted responsibility for the person who was drowning -- either as a parent or caregiver -- or professionally as a life guard on duty -- then you have a duty to act.
Some statutes also impose duties to common carriers -- so a ferry operator might have a duty to acct to save passengers.
But other than those specific exceptions -- the govt cannot punish you for failing to act if you had no duty to act.
2007-10-23 18:45:01 · answer #1 · answered by coragryph 7 · 1⤊ 0⤋
In the US, you don't have to do anything unless you caused that person to be in a drowning situation or if you have a legal obligation because you are an EMT, Nurse, Doctor, etc... which is imposed on you when you become licensed by a state. I don't know if the military has that requirement or not.
Good Samaritan laws will help protect you from civil liability.
2007-10-24 01:44:59 · answer #2 · answered by Mysoupbowl 1 · 0⤊ 0⤋
no but what kind of a person would you be to not even do as much as throw floatation device to someone who is drowning.
2007-10-24 01:45:02 · answer #3 · answered by satcomgrunt 7 · 1⤊ 0⤋
Nope. No duty to act under common law.
2007-10-24 01:45:58 · answer #4 · answered by Anonymous · 0⤊ 0⤋
I think "coragryp" has it right.
I have heard stories about people who have tried to help, been unsuccessful, then sued for their failure.
Something to think about.
2007-10-24 01:48:51 · answer #5 · answered by Anonymous · 0⤊ 0⤋