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Topic: Duty to rescue

	Duties to Rescue and the Anticooperative Effects of Law
		Of course, many people won't know about the duty to rescue or to report, 12 and some who know about it won't think much about it in making their decisions; the risk of punishment for having violated this duty thus wouldn't deter them from coming forward belatedly.
		Most witnesses who fail to rescue or report act out of callousness, fear, or deep-seated loyalty to family, friends, or confederates; it's unlikely that knowing about a legal duty to rescue or report will have much of a normative effect on their behavior.
		I do think that failing to rescue or to report ought not be considered harming another, because it generally leaves the victim in the same position as he would have been had the bystander not existed; I therefore believe people should be presumptively free from a duty to rescue or report.
	www1.law.ucla.edu /~volokh/rescue.htm (4829 words)

	Duty to rescue - Wikipedia, the free encyclopedia
		A duty to rescue is a concept in the law of torts that arises in a narrow number of cases, describing a circumstance in which a party can be held liable for failing to come to the rescue of another party in peril.
		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.
		The rescue doctrine, which allows rescuers to recover for their own injuries in such circumstances, does not apply where the rescuers are acting pursuant to duty arising from their own creation of the peril.
	en.wikipedia.org /wiki/Duty_to_rescue (321 words)

	LexisNexis(TM) Academic - Document
		After all, the specific legal duty that has been at the heart of this debate is a duty to rescue a person in distress when this can be done at little cost or danger, something that most of these same lawyers assume that almost all people would in any case do.
		After all, the specific legal duty that has been at the heart of this debate is a duty to rescue a person in distress when this can be done at little cost or danger, n3 something that most of these same lawyers assume that almost all people would [*606] in any case do.
		If a person breaches a statutory duty to render assistance at the scene of an accident and the victim dies, this failure to perform the legal duty to assist may be the basis of a prosecution for manslaughter by way of the doctrine of commission by omission.
	org.elon.edu /justice/fire/murphybenef.htm (20245 words)

	Duties to Rescue and the Anticooperative Effects of Law (Site not responding. Last check: 2007-10-15)
		Of course, many people won't know about the duty to rescue or to report, 12 and some who know about it won't think much about it in making their decisions; the risk of punishment for having violated this duty thus wouldn't deter them from coming forward belatedly.
		Most witnesses who fail to rescue or report act out of callousness, fear, or deep-seated loyalty to family, friends, or confederates; it's unlikely that knowing about a legal duty to rescue or report will have much of a normative effect on their behavior.
		I do think that failing to rescue or to report ought not be considered harming another, because it generally leaves the victim in the same position as he would have been had the bystander not existed; I therefore believe people should be presumptively free from a duty to rescue or report.
	www.law.ucla.edu /volokh/rescue.htm (4829 words)

	A Duty to Rescue (Site not responding. Last check: 2007-10-15)
		The basic tenet of the argument against a positive duty to rescue is the right wing liberalist assertion that it is illegitimate to use the coercive power of the state to enforce positive duties of beneficence.
		Another opponent to the imposition of a general duty to rescue is Justice Kearney, who in the case of Salmon examined the ‘duty to rescue’ legislation introduced in the Northern Territory.
		From a psychological and sociological standpoint, Sally Kift raises a compelling argument for the imposition of a rescue duty.
	www.bark.net.au /Society/socart2.htm (2944 words)

	[No title] (Site not responding. Last check: 2007-10-15)
		The duties that are violated in such cases are simply applications of the deepest and most pervasive duty in the common law of tort: the duty to avoid causing physical harm to others.
		The duty of reasonable care that lies at the core of negligence theory is different from a duty to rescue in three ways that, for our purposes, are particularly important.
		The duty that the rule in Tarasoff imposes on therapists is simply a special case of the one that advocates of a duty to rescue wish to have imposed on everyone.
	philosophy.wisc.edu /hunt/duty2res.htm (10109 words)

	Unfair Trade Practices law against HMO's
		That duty is generally triggered by: (1) awareness of someone in danger; (2) the ability for the potential rescuer to help without putting himself or others in danger; (3) some sort of relationship between the victim and rescuer; and (4) the amount of "help" required of the rescuer.
		Those who support the no duty to rescue rule see it as being an efficient rule[64] which encourages self-reliance[65] and only makes a person responsible for the harm she caused through her actions, as opposed to harm she could have prevented by acting.
		Parents have a duty to their children, and spouses have a duty to each other.[116] One explanation as to why this particular duty has been implemented at common law is that there is a closeness in these relationships, and it is expected when people have a close relationship they will help one another.
	www.angelfire.com /nm/redcollarcrime/d2resc.html (6633 words)

	Torts Capsule Summary - Chapter 8
		The element of duty establishes that there is a legally recognized relationship between the defendant and the plaintiff that obligates the defendant to act (or to refrain from acting) in a certain manner toward the plaintiff.
		Under the “public duty doctrine,” a government actor performing improperly is not usually liable to individuals harmed by the misperformance, because any duty owed is limited to the public at large rather than to any specific individual.
		In order for there to be a duty to protect in a police case, then, the plaintiff must establish that the defendant police undertook to act and created reliance, enlisted the aid of the plaintiff, or increased the risk of harm to the plaintiff.
	www.lexisnexis.com /lawschool/study/outlines/html/torts/torts08.htm (1536 words)

	SSRN-Rescue Without Law: An Empirical Perspective on the Duty to Rescue by David Hyman
		Proponents of a duty to rescue have argued that it will decrease the frequency of non-rescue without creating undue distortions or other difficulties.
		Opponents of a duty to rescue have argued that such statutes are ineffective, infringe on individual liberties, may actually discourage rescue, and are likely to be misused by politically ambitious prosecutors.
		Using more than twenty independent data sources, the article provides a "law and reality" perspective on rescue and non-rescue that complicates - and sometimes is flatly inconsistent with - the positions of both proponents and opponents of a duty to rescue.
	papers.ssrn.com /sol3/papers.cfm?abstract_id=796384 (437 words)

	Attorney in New York Peter Agulnick - Published Articles
		A bystander is charged with a reasonable duty to rescue if he creates the risk or causes the dangerous situation that the victim faces.
		A potential rescuer must have the physical ability to perform a rescue, otherwise his or her omission is not criminal.
		Instead of imposing a duty to rescue, American "Good Samaritan" laws generally protect would-be rescuers from civil liability in the event that the victim they attempt to rescue sustains further injuries as a result of a negligent rescue attempt.
	www.agulnicklaw.com /articles/duty.html (6109 words)

	University of Illinois Legal Working Paper Series
		Proponents of a duty to rescue have argued that it will decrease the frequency of non-rescue without creating undue distortions or other difficulties.
		Opponents of a duty to rescue have argued that such statutes are ineffective, infringe on individual liberties, may actually discourage rescue, and are likely to be misused by politically ambitious prosecutors.
		Using more than twenty independent data sources, the article provides a “law and reality” perspective on rescue and non-rescue that complicates -- and sometimes is flatly inconsistent with the positions of both proponents and opponents of a duty to rescue.
	law.bepress.com /uiuclwps/papers/art32 (377 words)

	The Bystander's Duty to Rescue in Jewish Law / Aaron Kirschenbaum
		This duty to rescue is derived from the peculiar interpretation the Talmudic rabbis gave to two biblical verses, thou shalt not stand idly by the blood of thy neighbor (Leviticus 19:16), and thou shalt restore him [a person who is losing his life] to himself (Deuteronomy 22:2).
		Although the duty to rescue is independent of the financial condition of the person in peril, the rescuer has the right to sue the person rescued for all financial losses the former incurred as a result of the rescue operation.
		The obligatio of the rescued party to reimburse his rescuer for his labor and expenditures, as that of an owner of a lost object to reimburse the one who found and returned it to him, is, in all probability, that of an implied contract of labor.
	www.daat.ac.il /daat/kitveyet/assia_english/kirschenbaum.htm (7955 words)

	Rock Climbing.com View topic - Duty to Rescue (Site not responding. Last check: 2007-10-15)
		i do not believe you have a duty to assist if you were not involved in any way with the people or had anything to do with what they were doing (innocent bystander).
		Of course the first rule of any first aid class/ rescue class is to asses the situation and potential risks or dangers to the rescuer(s).
		It's my understanding that the 'rescuer' can only stop providing care, without exposing themselves to legal liability, for a very few reasons, like: patient no longer viable (3 signs of death), credible risk to 'rescuer' life/limb, handing-over victim care to emergency services provider or someone with equal or greater medical training.
	www.rockclimbing.com /topic/99647 (1677 words)

	Joy and Slavery: Instapundit, Abortion and Duty to Rescue (Site not responding. Last check: 2007-10-15)
		Using the 'duty to rescue' scenario as a guide, he comes up with a formula as to how he can support abortion rights and still advocate punishment for mothers who take drugs or drink while pregnant.
		He sums up his idea thusly: "decide not to have the abortion, and assume the duty to avoid dangerous behavior." Legally, one thing that has been pointed out to me is that the parent/child relationship imposes a new set of duties on the parties.
		I have a duty to rescue my son if he is drowning, so the analogy to the 'duty to rescue' scenario is flawed.
	joshuaduncan.blogspot.com /2004/11/instapundit-abortion-and-duty-to.html (417 words)

	The Pervasive Duty to Rescue
		Classic tort law imposed no duty of rescue, and, consistent with that concept, government did not feel it had the power to coerce benevolence in public law either.
		In tort law, an individual can be held liable for a failed rescue when his heroic attempts are beyond his capacity and actually do harm to the one in need of assistance.5 The government, however, is not liable for the harm its "rescue" programs do.
		There may be a moral duty, but the law leaves that to the individual and his conscience.
	www.aapsonline.org /brochures/rescue.html (1172 words)

	Off-duty firefighters rescue pair from flat
		Two off-duty firemen and a retired firefighter were at the scene within minutes of the alarm being raised and began rescuing the occupants form the flat
		Minutes earlier, the off-duty firemen helped a teenage girl get out of a window and pulled a man in his 40s to safety after he was overcome by fumes.
		The investigation into the fire is continuing but fire chiefs said without the speedy response of the off duty firemen and a first aid officer from the nearby leisure centre, the outcome could have been much worse.
	www.fire.org.uk /BBC_News/News2002/April/bbc070402b.htm (323 words)

	Duty To Rescue Lawyers & Legal Information
		Generally, there is no duty to rescue and a person cannot be prosecuted for doing nothing while another person is in peril.
		Generally, this means the rescuer does not increase the injury he seeks to alleviate and the rescuer will only be liable for gross or wanton neglect.
		The rescue doctrine, which allows rescuers to recover for their own injuries in such circumstances, does not apply where the rescuers are acting pursuant to duty arising from their own creation of the peril.
	www.legalmatch.com /law-library/article/duty-to-rescue.html (343 words)

	[No title] (Site not responding. Last check: 2007-10-15)
		Duty: no willful, wanton or reckless behavior; no traps: Discovered — limited license granted to exit by most direct path possible Constant/Frequent(even if indiv ID not known) — implied consent, attain rights akin to that of a licensee Children - “Attractive Nuisance” doctrine.
		Even w/ rule, duty is limited to serving alcohol, not preventing from driving Voluntary Assumption Rescue Once you begin rescue, must be reasonable in executing rescue Must not leave them in worse position than had you not interfered.
		Often no duty to warn if danger is ‘open and obvious.’ Manufacturer not strictly liable for injuries caused by prescription drug so long as drug was properly prepared and accompanied by warnings of dangerous propensities that were either known or reasonably knowable at time of distribution.
	www.boalt.org /outlines/Torts/Torts_Moran_2001spr-1.doc (3819 words)

	Rescue - Heavy Duty Non-Walk-In (Site not responding. Last check: 2007-10-15)
		Pierce Rescue body engineering and construction is unparalleled in the industry.
		But the body design and layout is only a portion of your overall Rescue vehicle.
		In addition to all of our standard options (as if anything on a Rescue can be called "standard") we provide specially designed storage solutions for your unique requirements.
	www.piercemfg.com /apparatus/rescue_options.cfm (170 words)

	Rescue - Heavy Duty Non-Walk-In (Site not responding. Last check: 2007-10-15)
		Rescue - Heavy Duty Non-Walk-In Heavy Duty Walk-In
		Pierce Walkin Rescues offer the ultimate in personnel and equipment carrying capabilities.
		A nearly endless array of "standard" and custom designed bodies allows for as little or as much customization as you desire.
	www.piercemfg.com /apparatus/HD_walk-in_rescue.cfm (144 words)

	Off-duty officers rescue boys from Jordan River :: The Daily Herald, Provo Utah (Site not responding. Last check: 2007-10-15)
		SALT LAKE CITY -- One off-duty police officer rescued two boys from the Jordan River and his partner resuscitated one who had stopped breathing.
		They came across a group of boys, who were trying to attract their attention but did not speak English.
		He was attempting to rescue a 6-year-old boy who had fallen in just moments earlier.
	old.heraldextra.com /modules.php?op=modload&name=News&file=article&sid=53095 (263 words)

	Call of Duty 4 'Bog Rescue' Gameplay Video
		Infinity Ward released a new Call of Duty 4: Modern Warfare video today which shows even though this Call Of Duty game is in a new “era”, the game still holds true to it’s Call of Duty roots.
		The gameplay video does an excellent job of showing how hectic the levels still are and also show some amazing visuals such as smoke effects off in the distance, flares that illuminate the immediate area, and the use of night vision equipment.
		I'm assuming your referring to Call of Duty 3 but that had nothing to do with Infinity Ward, that was Activition, totally different setup.
	news.filefront.com /call-of-duty-4-bog-rescue-gameplay-video (4384 words)

	Instapundit.com -
		Even if the man could rescue the baby with no risk and minimal inconvenience to himself, he's under no duty to take any action at all, and can simply keep walking without facing any penalty beyond moral condemnation.
		But if he decides to help, and takes action, then he becomes obligated to follow through and must exert all reasonable effort (short of risking death or serious bodily harm; inconvenience doesn't generally count) to save the baby's life and leave it in a position of reasonable safety.
		A more sophisticated version of this argument would say that (1) A standard exception to "no duty to rescue" is when there's a special relationship creating such a duty, and (2) a pregnant woman has such a duty to a fetus, which she assumes by having sex.
	instapundit.com /archives/019229.php (946 words)

	[No title]
		Once rescuer takes possession of P, duty to use reasonable care thereafter.
		Example: D rescues P on mountain trail, then negligently fails to signal while driving P to hospital and P is injured in auto accident.
		D not allowed to argue that P is still better off than if D had never rescued.
	www.law.missouri.edu /peters/rescue2/rescue2.PPT (180 words)

	The Economics of Criminal Law (Site not responding. Last check: 2007-10-15)
		For example, the law might impose liability for failure to effect an easy rescue: the person who failed to help might be held liable for the losses that the person who might have been rescued suffered.
		The law might enlist his aid in deterring crime and apprehending criminals by imposing a duty on him to intervene in the crime or to report his knowledge of the crime or criminal to the authorities.
		At first blush one might think that these duties would be efficient: witnesses would be induced to come forward, making the successful prosecution of criminals easier, and, possibly, criminals, knowing that witnesses had a duty to come forward, might be marginally deterred from committing crimes.
	www.cooter-ulen.com /crime.htm (10451 words)

	Islands in a Sea of Obligation: Limits on the Duty To Rescue: Publications: The Independent Institute
		Abstract: If we have a duty to rescue in a local emergency, must we also have a duty to rescue people from chronic famine in foreign countries?
		Assuming for argument’s sake that we have a duty in the accident case does this entail that we also have a duty to participate in famine relief efforts?
		Second, I consider obstacles pertaining to the self: the difference between duties we accept so as to make life meaningful and duties we must, for the same reason, reject.
	www.independent.org /publications/working_papers/article.asp?id=729 (261 words)

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