While common in Europe, only 3 US states have ‘duty to rescue’ laws, otherwise known colloquially as ‘bad Samaritan laws’, on the books. These laws, which exist in Minnesota, Rhode Island, and Vermont, make it a crime to not provide reasonable assistance to a stranger in distress. These laws have proven to be very controversial, with critics pointing to issues such as unenforceability, government overreach, and the risk they will lead to more unintended deaths among would-be rescuers. Indeed, a 2006 article in the Texas Law Review by Professor David Hyman argues that would-be rescuers are at least 65 times more likely to die than are victims of non- rescue.
Ian C. Pilarczyk
A legal history blog on sundry topics related to the majesty and mystery of law
In CPR class, we were instructed to know the laws where we are. They said if we stopped CPR in some states, we would be held liable, whether the injured passed or not. Also, if we were known to be CPR certified, and didn’t help, we would be liable also.
What is the, “fine-line”?
hi MH– thanks for the comment! yes, the law has usually treated people with the ‘duty of care’ differently– so someone with emergency or medical training might well be held liable for not assisting while the ‘normal’ person would not, although this might differ from place to place and be based on context. This also applies to those who have created the peril, which generally also creates a duty of care even for non-trained people. Thanks for posting! cheers, Ian