If a disabled man that lives in the same boarding house falls do I have and duty to rescue or help him?
Full Question:
I live in a boarding house. A disabled man is in the next room. Am I legally obligated to help him if he falls?
03/10/2017 |
Category: Helping People ยป Duty to Rescue |
State: Florida |
#33738
Answer:
Here are some basics.
- Adsent statutes of current case laws there was in the past no duty to rescue or help a person in need of help.
- This has changes over time and now there are laws dealing with situations like:
- A parents duty to rescue and help a child.
- In reference to number 3, people in charge of your children also have a duty to rescue or help such as schools and babysitters, etc.
- A spouses duty to rescue and help their spouse.
- Employers have a similar duty to Employees.
Virtually all, if not all States, have adopted what is referred to as Good Samaritan laws that protect a person who assists a person in need of help from liability.
In Vermont the Good Smaritan Law seems to apply for you and requires that you act if a person is in danger and you can do so without harm to yourself.
Vermont Statutes
Title 12. COURT PROCEDURE
Part 2. PROCEEDINGS BEFORE TRIAL
Chapter 23. LIMITATION OF TIME FOR COMMENCEMENT OF ACTIONS
Subchapter 2. ACTIONS LIMITED
Current through 2016 Legislative Session
§ 519. Emergency medical care
(a) A person who knows that another is exposed to grave physical harm shall, to the extent that the same can be rendered without danger or peril to himself or without interference with important duties owed to others, give reasonable assistance to the exposed person unless that assistance or care is being provided by others.
(b) A person who provides reasonable assistance in compliance with subsection (a) of this section shall not be liable in civil damages unless his acts constitute gross negligence or unless he will receive or expects to receive remuneration. Nothing contained in this subsection shall alter existing law with respect to tort liability of a practitioner of the healing arts for acts committed in the ordinary course of his practice.
(c) A person who willfully violates subsection (a) of this section shall be fined not more than $100.00.
(a) A person who knows that another is exposed to grave physical harm shall, to the extent that the same can be rendered without danger or peril to himself or without interference with important duties owed to others, give reasonable assistance to the exposed person unless that assistance or care is being provided by others.
(b) A person who provides reasonable assistance in compliance with subsection (a) of this section shall not be liable in civil damages unless his acts constitute gross negligence or unless he will receive or expects to receive remuneration. Nothing contained in this subsection shall alter existing law with respect to tort liability of a practitioner of the healing arts for acts committed in the ordinary course of his practice.
(c) A person who willfully violates subsection (a) of this section shall be fined not more than $100.00.
Cite as 12 V.S.A. § 519
History. 1967, No. 309 (Adj. Sess.), §§ 2-4, eff. March 22, 1968.
