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by Dr_Dredd on October 4th, 2008
The Good Samaritan law has some limitations. In the medical arena, it only protects the "prudent layperson." So if I, as a doctor, attempted to come to the aid of someone having a medical emergency in a restaurant, I could not use the Good Samaritan law as a shield against a malpractice suit.
Unfortunately, this leads to doctors not being willing to identify themselves when an emergency is happening. Many have told me that there's no way they'd ever identify themselves on a plane if a flight attendant asked if there was a doctor present.
I suspect the same would hold true for the Olympic swimmer. It's really a shame.
by singwell-is off researching a lot on June 6th, 2008
It doesn't matter if you are Olympic swimmer or an ordinary swimmer or if you cannot swim at all. Even a non swimmer can throw some floatation device or a towel end to someonone in trouble. It only takes a little nouse.
Even if you are not legally liable, you are morally so if you do nothing.
by Grammy Robin on October 4th, 2008
This is from Wikipedia:
Good Samaritan laws (acts) in the United States and Canada are laws/acts protecting from blame those who choose to aid others who are injured or ill. They are intended to reduce bystanders' hesitation to assist, for fear of being sued or prosecuted for unintentional injury or wrongful death.
Under the common law, Good Samaritan laws provide a defence against torts over the activity of attempted rescue. Such laws do not constitute a duty to rescue, such as exists in some civil law countries, and in the common law under certain circumstances. However, the duty to rescue where it exists may itself imply a shield from liability; for example, under the German law of "Unterlassene Hilfeleistung" (neglect of duty to provide assistance), a citizen is obliged to provide first aid when necessary and is immune from prosecution if assistance given in good faith turns out to be harmful.
Here is a link:
http://en.wikipedia.org/wiki/Good_Samaritan_law
But....why would you choose not to help her?
by JimmyG on October 5th, 2008
Good Samaritan Laws are irrelevant as they do not require action, but only provide protection if one does act.
Apparently in Texas, if there is a car accident you are not required to stop and render aid, but, if you do stop, you are required to render reasonable aid. (Whatever that means??) In Nevada two EMT's were charged with a felony for failure to render aid, but that was after responding to a 911 call.
In your particular scenario, we would all expect the swimmer to get his butt in there and save her, but I don't believe the law would. How would you write such a law? I know almost nothing about law, but I believe it would be very difficult to write a law requiring someone to act where he has no personal interest. If your swimmer had had something to do with the girl being in the pool in the first place, you might be able to make some kind of case, but if he is just an innocent passerby I believe remains just that, an innocent passerby.
by Anonomous on June 6th, 2008
Probably not, but you should be! You should be stoned to death!
by MarthaStewart on November 3rd, 2008
Not unless you were also the lifeguard of the pool and you were on duty. Olympic swimmers know how to swim, but unless they have taken a lifesaving or water safety instructor's course, they wouldn't know what to do anyway. An incompetent person attempting a rescue endangers him/herself AND the person he/she is trying to rescue.
by dead leaves raked in a pile on October 5th, 2008
It is a form of insanity that you can be sued for trying to help. I'd never thought about it before.
So I have to disagree with those who trumpet loudly that you should be drowned in a bowl of wet noodles for not doing what's necessary.
The legal system should be thrown in and allowed to drown as well.
then it may be safe to help
by Esteban-- Smartest Pumpkin on June 6th, 2008
if you save her your face stays on the Wheeties box a few more months
by -O-uknow on June 6th, 2008
In some states.
by Froggy on November 3rd, 2008
I've seen drowning people at Virginia Beach. When someone tries to rescue them, they get pulled under by the paniced drowner. The drowner tries to climb on the rescuer as if they were a rock. Lifeguards have their "can" that has a rope that they push toward the drowner. You cannot be held liable for a situation like that, unless you are the lifeguard on duty.
by miteb on November 3rd, 2008
Probably not--but you should be prosecuted for such a stupid, selfish and thoughtless choice.
by Claudio on November 3rd, 2008
Yes, by your concience.
by JC85cap on October 5th, 2008
Well if you are Michael Phelps then your balls ought to be on the chopping block!
by c h e l s e a m o n s t e r on October 5th, 2008
No. if you were a lifeguard, too... then you would be liable, but you're trained in swimming, not life-saving.
by Teri on October 5th, 2008
Spiritually yes...that is all that matters to me...
by Mastodon on June 6th, 2008
Yes, it's similar to the law that criminalizes you for not preventing a murder
by Proud Momma on November 15th, 2008
Why would you choose not to save her? If its for legal persposes your morals are screwed up. THe good samaritans law pretects people who are in their area of expertise, so if you have had cpr training you would not be held liable.
by jerrbear58 on November 3rd, 2008
Depends on the state and if you're stupid enough to let her drown then brag that you're an olympic swimmer?!
by Pad on August 9th, 2009
Very likely no. Attempting to save someone who is drowning puts the rescuer in danger -- panicked people will often drown the rescuer by trying to climb on top of them (Coast Guard rescue divers have special training specifically in this regard). So, in your particular example, no matter if there is a requirement to help others or not, the olympic swimmer would not have to risk his life to save another, just as nobody would be required to enter a burning building to rescue those trapped inside.
by DahiMage999 on December 30th, 2009
First of all, if this is personal, then you're sad. However, if you're someone like that you should alert a lifeguard, then dive in. I mean, you can't drown, and unless the girl is some terrorist or physco, you should save her
by qwerty on August 18th, 2009
no
I hit another car from behind two years ago,no one reported to the hospital,no visible damage to either car.
by hans65 on November 26th, 2010
| 1 person likes this
What happens if the person that I need to sue because they caused my accident doesn't have money?
by Meg1117 on January 25th, 2011
| 1 person likes this
How long does it usually take to get car insurance?
by ivanchatanu on December 2nd, 2010
| 1 person likes this
Is it wrong to attain an attorney to make the person who totaled ur car,... pay for damages?
by followerofgod on November 26th, 2010
| 1 person likes this
My mom fell on a major supermarket flow by sliping on a grape fruit and she is now admitted and she cannot go to work to pay for the bills
by Milo_D on February 17th, 2011
| 1 person likes this
You're reading If I am an Olympic swimmer and I notice a girl drowning in a public pool, and I choose not to save her, can I be held liable for not acting?
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Comments
To the person who downrated: Care to tell me why?
by Dr_Dredd on October 5th, 2008
I'll bump you back up. that was a good answer.
by c h e l s e a m o n s t e r on October 5th, 2008
Thanks!
by Dr_Dredd on October 5th, 2008
Look at the asker's points given: 57% + ratings given
.
I happened upon this because he attacked a friend of mine tonight and I wanted to see what he was all about so I am following links. Have some retroactive uppage for the trolling and it is also a great answer.
by Arisztid on January 23rd, 2009
Thanks! :-)
by Dr_Dredd on January 24th, 2009
Most welcome. :) You always give such good answers.
by Arisztid on January 24th, 2009
*blushes*
by Dr_Dredd on January 24th, 2009
:) I am very glad to see you in here answering medical questions professionally. I am so glad to see a real Doctor on here. I have been on here all along telling people that we are not medical professionals and that a Doctor here cannot diagnose, please do not ask:
http://www.answerbag.com/a_view/2374633
by Arisztid on January 24th, 2009