The Good Samaritans Act of San Andreas 2013

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The Good Samaritans Act of San Andreas 2013

Post by Anguish » Tue Dec 24, 2013 1:47 am


The Good Samaritans Act of San Andreas 2013

To protect the rights of a person (responder) when helping others in the face of peril
Author: Eleonora Tjader

Defining terms;
  • Peril - Serious and immediate danger
  • Responder - Any person who responds or gives assistance, including nine one one caller.
  • Reckless Endangerment - Reckless Rescue Attempt.

Section 1. A duty to rescue

A person can not be held liable for doing nothing while another person is in peril unless they have a duty to do so. Those who fall under the following list have a duty to rescue others from peril.:
  • If a person has created a hazardous situation and another person then falls into peril because of this hazardous situation, the creator of the hazard - who may not necessarily have been negligent, has a duty to rescue the individual in peril.
  • Government workers (Firefighters, EMT's, LEO's, etc.) have a general duty to rescue the public within the scope of their employment and training. Law enforcement officers have no duty to protect you unless you are in their custody.
  • Parents have a duty to protect and rescue their minor children. This also applies to those acting in loco parentis, such as schools, babysitters and child protective services.
  • Public transport providers have a duty to rescue their clients.
  • Employers have an obligation to rescue employee's under contract.
  • Property owners have a duty to rescue invitees but not trespassers from all dangers on the property.
  • Spouses have a duty to rescue each other

Where a duty to rescue arises, the rescuer must generally act with reasonable care, and can be held liable for injuries caused by a reckless rescue attempt. Furthermore, the rescuer need not endanger himself in conducting the rescue

Section 2. A duty to act (Omission)

An Omission or failure to act will give liability when the law imposes a duty to act (see section 1) and the defendant is in breach of that duty.

    Example 1
  • An on duty LSFD Employee who refuses to give medical treatment to an unconscious person with no risk to their own life would receive an Omission for their failure of their duty to rescue.
  • A person in police custody is in peril and the officer refuses to fulfill their duty to protect and rescue this person would receive an Omission for their failure of their duty to rescue. This includes failure to request medical assistance for those in their custody.
    Example 3.
  • An emergency medical technician has a duty to act and offer medical assistance to anyone who requires it, within the scope of their practice.
    Example 4.
  • Firefighters and Medical Technicians both have a duty to act on a search and rescue, where as LEO's only have a duty to act when criminal activity (Murder, abduction) is suspected.

Section 3. Good Samaritan

A Good Samaritan is a person who gives reasonable assistance to those who are injured, ill or otherwise incapacitated without receiving financial compensation. Unlike those listed in section one, these citizens do not have an obligation to act.

In the absence of imminent peril, the actions of a rescuer may be perceived as reckless endangerment or a reckless rescue attempt and may not be protected under the good Samaritan act.

    Good Samaritan Example:
  • There is a fire in the building, a person is unconscious in the hallway as a fleeing civilian pulls him from the burning building risking injury to the unconscious victim to remove him from the imminent peril of the burning building.
    This person is in imminent peril at the threat of a fire, waiting for responding firefighters in order to rescue the unconscious male may have lost him his life. Though the male may have suffered more injuries by this, his life was ultimately saved.

    Reckless Endangerment Example:
  • Leaving the building a citizen stumbles across an unconscious male in the hallway. The risks injury to the unconscious male by moving him out of the hallway into a different room.
    This person was in no imminent peril, moving him may have caused more injury and waiting for responding medics would not have endangered his life any further, making these actions reckless endangerment.

If a responder begins rendering aid, he must not leave the scene until it is necessary to call for needed medical assistance, a rescuer of equal or higher ability takes over, or continuing to give aid is unsafe. The civilian is not legally liable for any harm to the person assisted, as long as the civilian acted rationally, in good faith and in accordance with their level of training.

Section 4. Consent:

The responder must obtain the consent of the victim, or the legal guardian of the victim who is a minor, unless this is not possible.

Section 4a. Implied Consent:

Consent may be implied if an unattended person is unconscious, delusional, intoxicated or deemed mentally unfit to make decisions regarding their safety, or if the responder has a reasonable belief that this was so.

Consent may also be implied if the legal parent or guardian is not immediately reachable and the victim is not considered an adult.

Section 4b. Parental Consent

If the victim is a minor, consent must come from a parent or guardian. However, if the legal parent or guardian is absent, unconscious, delusional or intoxicated, consent is implied.

A responder is not required to withhold life-saving treatment (CPR, Heimlich maneuver) from a minor if the parent or guardian will not consent. The parent/guardian is then considered neglecting their duty to the child and consent is implied.


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Re: The Good Samaritans Act of San Andreas 2013

Post by Laos_Macen » Tue Dec 24, 2013 11:57 pm


This act is no longer considered legislation

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