(October 17, 2021 at 9:45 am)Fireball Wrote:(October 17, 2021 at 12:48 am)onlinebiker Wrote: Good Sam laws protect the " helper" if they screw up helping.
As I understand it -
The penalties applied for not assisting do not cover situations where the helper' s life would be in jeopardy....
Back in '91 I was taking Hazardous Waste Operator training. Some of the things that came up were personal responsibility and liability on a scene. There was a tanker carrying glacial acetic acid that was on fire. The firefighters on scene did not approach, and the family sued. The court's decision was for the firefighters, as they can't be required to risk their own lives (though many do).
I think there is always a case by case issue in civilian or professional responding to emergencies.
In criminal cases, any good defense lawyer is going to argue that the person they are defending feared for their lives and is why that defendant didn't do anything. And while it can be a bullshit defense in many cases, it also can be lagit.
But even with first responders, like fire/EMT/police, there can also be points in the event where there is simply nothing they can do and have to put their own safety first.
In the case of this subway rape, it is a bit miffing nobody immediately reacted. But I can also understand not getting involved if you are afraid of losing your life and not being around to take care of your own family.