Several people mentioned being prepared to whack the swimmer (er, non-swimmer) with a paddle if they become a problem. I had thought about this, but hesitated to say it. I almost hate to do this, but . . . I think we all need to realize that there can be issues of liability in a situation like this. It would take a dissertation to go through all the issues, and the rules differ from one jurisdiction to another. Many states have passed variations on the "Good Samaritan Law" that provide *some* degree of protection against liability. But the rules vary, and some jurisdictions may not have such a statute at all. Generally speaking, I think it's probably safe to say that if you undertake to aid a person in danger, and you end up in some way contributing to that person's danger (eg, by hitting them with a paddle), and they die, you *could* be held liable. Liability for a wrongful death can be, well, expensive. Most likely, in the scenarios described here, you would have adequate defenses -- eg, you attempted to help, but the panicked victim attacked or threatened your safety, and you had no choice but to defend yourself. But it could be, as they say, a "question for the trier of facts" whether you "acted reasonably under the circumstances." It's a litigious world out there. As Johnny Cochran said, "Anyone with $200 can file a lawsuit." Judges aren't always smart and often just don't give a damn. And juries are unpredictable. I don't have any wise conclusions about this. I just raise it as a little reminder that in this day and age, unfortunately, people who have good intentions can end up in big trouble. Sorry. Mark It's a shame that *************************************************************************** PaddleWise Paddling Mailing List - All postings copyright the author and not to be reproduced/forwarded outside PaddleWise without author's permission Submissions: PaddleWise_at_PaddleWise.net Subscriptions: PaddleWise-request_at_PaddleWise.net Website: http://www.paddlewise.net/ ***************************************************************************Received on Thu Aug 17 2000 - 14:57:13 PDT
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