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happyslug

(14,779 posts)
46. That is the law in most states, in fact you do not even have to call 911.
Fri Nov 1, 2013, 07:04 PM
Nov 2013

One or two states have adopted a law requiring assistance in such circumstances and that is the law in Civil Law Jurisdictions (Latin American and Europe) but giving assistance to a person in need was NEVER the law in Common Law Jurisdictions. Now most states have passed "Good Samaritan" that prevent the child from suing you, if what you did to help him caused him or her more harm (again the Common Law Rule was if you helped someone, and that person was harmed by your actions, you were and are liable for the harm you did in saving his or her life).

Sorry, under the law in most states you do no even have to call 911 in the circumstances you state.

More on Good Samaritan laws:

http://www.heartsafeam.com/pages/faq_good_samaritan
http://en.wikipedia.org/wiki/Good_Samaritan_law

More on the Common Law Rule that you do NOT have a duty to rescue:

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

In an 1898 case, the New Hampshire Supreme Court unanimously held that after an eight year-old boy negligently placed his hand in the defendant's machinery, the boy had no right to be rescued by the defendant. Beyond that, the trespassing boy could be held liable for damages to the defendant's machine

Talk about tearing your heart right out of your chest madokie Oct 2013 #1
This has nothing to do with RepubliCONs. truedelphi Nov 2013 #40
There are truly good people in the world dem in texas Oct 2013 #2
True... awoke_in_2003 Nov 2013 #5
I hope he gets a hero's welcome and double pay or even triple pay plus a nice bonus. Auntie Bush Oct 2013 #3
This is what happens when you privatize Nursing Homes... ReRe Oct 2013 #4
Yes indeed -- and should be a warning to everyone Blue Owl Nov 2013 #27
Don't tell me we live in a functional society . . . Brigid Nov 2013 #6
I just want the tea partiers, immigrant haters, and xenophobes to take note of this guys name. Miranda4peace Nov 2013 #7
K&R DeSwiss Nov 2013 #8
absolutely! state should have followed up hopemountain Nov 2013 #39
Universal Health Care; socialized medicine ends this shit forever. Half-Century Man Nov 2013 #9
Socialism has failed everywhere it has been tried. Enthusiast Nov 2013 #11
Ha! You almost got me. n/t bitchkitty Nov 2013 #35
this makes me think of the tv show Derek Voice for Peace Nov 2013 #10
There is something wrong with this story. happyslug Nov 2013 #12
Of course the legal obligation would fall on the janitor Fumesucker Nov 2013 #13
Yep, life in the new banana republic. truedelphi Nov 2013 #41
I will avoid merely expressing disgust at you calling him a criminal... Ash_F Nov 2013 #14
Agree with almost everything you say, but I think the state needs to send in truedelphi Nov 2013 #42
He said he made several 911 calls, but only after October 25, 2013 happyslug Nov 2013 #45
So, using your logic, if I see a child get hurt outside LeftofObama Nov 2013 #15
That is the law in most states, in fact you do not even have to call 911. happyslug Nov 2013 #46
great stuff to know! Thanks! BlancheSplanchnik Nov 2013 #54
you can tell us how long you think he should be in jail to make the world a better place CreekDog Nov 2013 #16
Actually no jail time for the Janitor, but someone should spend some time in jail happyslug Nov 2013 #50
More on the story, with differant source links, enjoy the read! Rebellious Republican Nov 2013 #17
State Inspectors were in the home on the 24th AND the 25th??? happyslug Nov 2013 #48
Well, the second half of your user name seems to be correct. ret5hd Nov 2013 #18
I shall keep your response in mind the next time I am in a good samaritian Katashi_itto Nov 2013 #19
From what has been reported, 911 was called multiple times. LisaL Nov 2013 #20
I didn't blame him, I just pointed what he did was a technical crime. happyslug Nov 2013 #49
... Javaman Nov 2013 #22
Your empathy meter is broken ConcernedCanuk Nov 2013 #23
he did GREAT!!! noiretextatique Nov 2013 #33
Message hidden by jury decision. L0oniX Nov 2013 #24
Send it to a jury. I predict it will be allowed to stand Gormy Cuss Nov 2013 #26
This message was self-deleted by its author Gormy Cuss Nov 2013 #25
Good Samaritan rules should apply here. colorado_ufo Nov 2013 #28
what you said .. . . . n/t annabanana Nov 2013 #44
no, the management and staff who left put them at risk noiretextatique Nov 2013 #32
By Federal Law that is what suppose to have been done happyslug Nov 2013 #57
This is one of the most ridiculous things I've ever read. Disgusting. pothos Nov 2013 #34
He called them four times. happyslug Nov 2013 #59
You're unbelievable. n/t bitchkitty Nov 2013 #36
I deal with nursing homes all the time. happyslug Nov 2013 #58
duh, something is wrong here, this whole facility was bad news and the state wasn't on top wordpix Nov 2013 #66
Illustrate the strength of your convictions and call the cops if you think he's a criminal... LanternWaste Nov 2013 #38
He falls into the category of a bystander who assists Yo_Mama Nov 2013 #47
That is NOT the Common Law Rule happyslug Nov 2013 #51
It's true that you do not have a duty to call Yo_Mama Nov 2013 #55
the employee had a duty to take care of these people until relieved of that duty passiveporcupine Nov 2013 #56
Under the common once he starts to help someone he can not stop. happyslug Nov 2013 #60
Please direct me to that law passiveporcupine Nov 2013 #63
First it is case law. the Wikipedia cite does a nice overview happyslug Nov 2013 #68
under voluntary assumption of duty to provide care: passiveporcupine Nov 2013 #69
Not my take in the rule happyslug Nov 2013 #70
Miguel Alvarez is a hero. polly7 Nov 2013 #21
He certainly is. Brigid Nov 2013 #30
I don't understand it either. polly7 Nov 2013 #31
Yes he is a hero. n/t truedelphi Nov 2013 #43
Do your part to help neffernin Nov 2013 #29
Sad Nick Junior Nov 2013 #37
Any licensed medical professional (CNA, RN, LVN, etc.) who walked out of that facility Mr.Bill Nov 2013 #52
My suspicions is they have NOT had a RN in months, if ever happyslug Nov 2013 #61
I think you are correct. Mr.Bill Nov 2013 #62
you may be right in your guesses BUT I just spoke to staff at a facility about this wordpix Nov 2013 #67
Speaking as someone with an elderly parent in a facility AnnieBW Nov 2013 #53
another thing the private sector does better than yurbud Nov 2013 #64
as the daughter of an advanced Alzheimer's patient, I'm aghast wordpix Nov 2013 #65
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