Re: [Paddlewise] How would you deal with it ....Conditions are Relative to One's Perception

From: Sailboat Restorations, Inc. <sailboatrestorations_at_worldnet.att.net>
Date: Fri, 18 Aug 2000 10:13:00 -0400
Fred wrote:

[ ]
> The thought of not
> trying and/or being criminally negligent for not rendering aid is a whole
> other matter of conscience that I would rather not have to live with for
> the rest of my life.
[ ]

As far as I know, there is no such thing as criminal liability for not
rendering aid to a person in danger.  I remember my old torts professor's
explanation: "Let's say you are walking by a swimming pool, and there is a
person in the pool drowning.  They are yelling for help, only a few feet
from the edge.  There is a rescue float laying on the ground, just next to
the pool near the drowning person.  You are walking right past the float.
All you have to do is kick the float in as you walk past, and the victim
will survive.  If you don't kick the float in, the victim will die.  Do you
have an obligation to kick the float in?"  The answer, of course, was "no."
Now, before everyone jumps on me -- I don't make these stupid rules.  I'm
just telling you what they are.  Also, please note that (a) I am talking
about the US here (other nations are different) and (b) there are a few
exceptions, even in the US (I believe Vermont has a rule requiring you to
aid a victim if it involves no risk to yourself; the penalties are minor).
I think it's important to understand these rules, particularly under the
type of circumstance we have been discussing.  As someone else said, it
should be an individual's decision whether and how to get involved.  That's
what the law says, in most jurisdictions, as well.
Mark

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Received on Fri Aug 18 2000 - 07:12:02 PDT

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