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In reply to the discussion: Castro Valley: Janitor saw elderly become weak [View all]happyslug
(14,779 posts)60. Under the common once he starts to help someone he can not stop.
Thus once he started to help these patients, he had to continue till he was relieved. Now he was hired as a janitor and thus had no duty to these patients, but once he did start to help the patients he was under a legal duty to continue. You can NOT assume a duty and then abandon it, even if you had no duty to assume the duty in the first place. i.e. if he had done his janitor work and left, he would have been under no legal duty to these patients. His liability to them only started when he started to help them.
Yes, it is a fine line, but it is the law and has been the common law rule for centuries.
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I hope he gets a hero's welcome and double pay or even triple pay plus a nice bonus.
Auntie Bush
Oct 2013
#3
I just want the tea partiers, immigrant haters, and xenophobes to take note of this guys name.
Miranda4peace
Nov 2013
#7
Agree with almost everything you say, but I think the state needs to send in
truedelphi
Nov 2013
#42
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
I shall keep your response in mind the next time I am in a good samaritian
Katashi_itto
Nov 2013
#19
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
the employee had a duty to take care of these people until relieved of that duty
passiveporcupine
Nov 2013
#56
Any licensed medical professional (CNA, RN, LVN, etc.) who walked out of that facility
Mr.Bill
Nov 2013
#52
you may be right in your guesses BUT I just spoke to staff at a facility about this
wordpix
Nov 2013
#67