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Jim Prescott
 
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Default Liability: I'm not responsible for your kids!

In article ws.net,
Mike T. wrote:
As mentioned in the article, the state in which this happened has
no "good samaritan" law. She was not obligated to protect
anyone.

As I understand the "good samaritan" law, it is mainly to protect "good
samaritans". That is, the law is worded to the effect that if you
reasonably act to try to save someone's life, the person you tried to save
(or their relatives) can't sue you later.
She was not obligated to protect anyone, but that has nothing to do with any
good samaritan law, or lack thereof. -Dave


For years most places had "good samaritan" laws which protect people
who attempt to give aid in an emergency; ie you shouldn't be punished
for trying to be a good samaritan, even if things don't work out.

Much more recently some places have enacted laws which compel
bystanders to provide aid to crime/accident victims if they can safely
do so; ie you can be punished for not being a good samaritan. The
final Seinfeld arc was based on these laws. Many of these laws sprung
from a 1997 case in Nevada when David Cash walked in on a sexual
assault of a 9 year old girl and just walked right back out, choosing
to not get involved.

Unfortunately, the second type of laws are usually also referred to as
"good samaritan" laws so now the phrase is ambiguous. The initial
article seems to be using it to refer to the new laws.
--
Jim Prescott - Computing and Networking Group
School of Engineering and Applied Sciences, University of Rochester, NY