Ian’s Legal Fact of the Week 10/9/18: Duty to Rescue Laws

While common in European countries, 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 that it 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.

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