Letting someone die

[Galbador]

Is there any legal obligation to assist if you come across someone dying in the street? What about if they're in your house?

For example, let's say, hypothetically, that somebody comes to my house at my invitation and while helping themselves to a can of beer from the fridge, they get an electric shock from the fridge (unlikely I know) and are quivering on the floor dying. If I simply sit and watch them die rather than phoning an ambulance, have I committed any crime?

And does it make any difference if I could be putting myself in danger? For example if I'm walking down the road and see someone dying in the street with a knife in their heart and I don't stop to assist them because I'm worried about their attacker returning and taking issue with me calling the police?

[El Grapadora]

The fridge shocking one just makes you an asshole. Though most likely their family will sue you because it's in your house and whatnot. Regarding the one about a guy dying in the street. You could actually get into legal trouble just by helping them. I have heard many stories about good samaritans trying to helping someone who's injured on the street and because they made their injuries worse they got sued.

[ComradeAsh]

I'm getting some serious deja vu here.

[Emc3]

][/U]
Universal code of sane and complete conscious intellect:


I Law: A human being must not injure mentally or physically, or murder another normal human being, or trough inaction allow this to happen. Except where this would conflict with the Second or Third law.

II Law: A human being must understand and respect all the natural needs and preferences of other normal humans, except where such needs or preferences would conflict with the First or Third Law.

III Law: A human being must protect his personal freedom, existence, well-being and property, except where such kind of protection would conflict with the First or Second Law.

[Nerd Fangs]

I will start with the person in the street thing.

In law, an omission means a failure to act where one should have acted. You will be liable for a persons injuries/death if you have a duty to help them, but fail to do so. No such duty exists to a stranger in the street. If you see someone dying, you can just walk on by. Hell, you could even sit there and video it.

However, if you go and begin to provide first aid, something strange happens. You have assumed a duty of care towards the victim, meaning that you have a legal obligation to act. If you get up and walk off now, you will be liable for whatever injuries occur due to you leaving. If the person dies, you will be guilty of manslaughter.


The same would apply in your house, although you may have some problems arise with regards to occupiers' liability, whereby you have a duty to take reasonable care to ensure that visitors will be reasonably safe in using your premises.

[Lord Black Adder]

Possibly criminal negligence, however, I would be more worried about a wrongful death lawsuit from the victim's family.

Actually, you could also probably sue the manufacturer of the refrigerator.

[Emc3]

I will start with the person in the street thing.

In law, an omission means a failure to act where one should have acted. You will be liable for a persons injuries/death if you have a duty to help them, but fail to do so. No such duty exists to a stranger in the street. If you see someone dying, you can just walk on by. Hell, you could even sit there and video it.

However, if you go and begin to provide first aid, something strange happens. You have assumed a duty of care towards the victim, meaning that you have a legal obligation to act. If you get up and walk off now, you will be liable for whatever injuries occur due to you leaving. If the person dies, you will be guilty of manslaughter.


The same would apply in your house, although you may have some problems arise with regards to occupiers' liability, whereby you have a duty to take reasonable care to ensure that visitors will be reasonably safe in using your premises.

If you do not posses specific knowledge and experience in medicine, you cannot be sure to help a dying person.

Your duty is to call for professional help.

Thsi way, if you are not a doctor, buy you still trying to help physically, you can be prosecuted logically for manslouther.

And if you are a doctor who is not willing ot help, you must be prosecuted logically by omission of help.

[ComradeAsh]

If you do not posses specific knowledge and experience in medicine, you cannot be sure to help a dying person.

Your duty is to call for professional help.

Thsi way, if you are not a doctor, buy you still trying to help physically, you can be prosecuted logically for manslouther.

And if you are a doctor who is not willing ot help, you must be prosecuted logically by omission of help.

You don't know. Fuck off.

[Lord Black Adder]

If you do not posses specific knowledge and experience in medicine, you cannot be sure to help a dying person.

Your duty is to call for professional help.

Thsi way, if you are not a doctor, buy you still trying to help physically, you can be prosecuted logically for manslouther.

And if you are a doctor who is not willing ot help, you must be prosecuted logically by omission of help.

Somewhat true. For example, with Good Samaritan statutes, if you aid an injured person and you accidentally cause further damage or death, the victim or family can sue you IF they can prove to the court that you didn't act in good faith. Basically if you see someone injured or dying, just call the ambulance, thats all your legally inclined to do.

[Spam Man Sam]

][/U]
Universal code of sane and complete conscious intellect:


I Law: A human being must not injure mentally or physically, or murder another normal human being, or trough inaction allow this to happen. Except where this would conflict with the Second or Third law.

II Law: A human being must understand and respect all the natural needs and preferences of other normal humans, except where such needs or preferences would conflict with the First or Third Law.

III Law: A human being must protect his personal freedom, existence, well-being and property, except where such kind of protection would conflict with the First or Second Law.


Three lols of robotics?

[Sephiroth]

It varies by jurisdiction, but generally the strictest obligation to render assistance to persons in dire need falls on people who do so for a profession (i.e. Police Officers, Fire Fighters, and EMTs, on and off duty). In some jurisdictions, you even have an obligation to perform CPR on a person requiring it if you are certified to do so. Maritime law also imposes obligations to render assistance if you are a boat operator and come across another ship in distress. Most states have what are called "Good Samaritan Acts." While in most cases, these statutes simply provide civil immunity to people who try to render assistance in good faith, even if they may inadvertently cause some harm in doing so, excepting gross negligence, some states also include provisions that make it a crime, or at least create a civil liability, for people who fail to attempt to provide some assistance to people in distress (e.g. AS 28.35.060(a) & (c): an Alaskan law making a person criminally liable for the failure to render assistance to injured persons after an auto-accident).

[ComradeAsh]

Well yeah sephi, on that last part, I thought everywhere that had a provision that if you are involved in an accident and the other party is injured, you are required to render assistance if able to do so.

I thought you aren't however, required to pull over if you're not involved.

[Iehovah]

If you do not posses specific knowledge and experience in medicine, you cannot be sure to help a dying person.

Your duty is to call for professional help.

Thsi way, if you are not a doctor, buy you still trying to help physically, you can be prosecuted logically for manslouther.

And if you are a doctor who is not willing ot help, you must be prosecuted logically by omission of help.

You're talking about "duty to rescue" tort law, and you're wrong.

http://en.wikipedia.org/wiki/Duty_to_rescue

You have no obligation to help a dying person, other than moral obligation. Which counts for shit.

A doctor does not have any such duty unless it is in the course of their employment.

[Nerd Fangs]

Your duty is to call for professional help.

There is no legal obligation to even call for help. You could stand there and laugh at the poor fucker if you wanted to. As long as you don't try and help, you can't get done for shit. (Unless you have some state law or bullshit)