Comments on: The duty to intervene

By: Bridging

Bridging — Thu, 06 Aug 2009 07:17:07 +0000

Low is crazy !

By: Bains

Bains — Sun, 14 Jun 2009 22:29:00 +0000

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By: Cipriano

Cipriano — Sun, 08 Jun 2008 22:52:25 +0000

Well, there are parts of the world (China is one) where you really do have to leave well alone. Get involved in any way and you will find yourself blamed for the original accident – someone will call the police and you will be arrested. As a foreigner you are automatically held responsible for any accident in which you are deemed to have been involved, because you are assumed to be filthy rich. Even the victim will know that he’s likely to get more money out of you than out of the nameless compatriot who actually caused the accident. You won’t get out of the copshop without a hefty payment, which might go to the victim but more likely disappears into the rozzer’s pocket. I suspect this applies in most of East Asia.

By: Dave F

Dave F — Sun, 08 Jun 2008 19:24:03 +0000

Hmm. You know, I think someone inclined to help would help, Good Samaritan law or no. I’m sure it happens every day even in the US.
And if you pulled someone out of the path of a runaway steamroller, iI eincerely doubt legal action would ensue from any resultant injury.

By: Jon d

Jon d — Sun, 08 Jun 2008 11:55:40 +0000

I thought the ruling in the torti case was interesting cos it’d appear you’d be liable in CA for giving non medical aid even if it was a life threatening emergency, say dislocating someones shoulder pulling them out of the path of a runaway steam roller

By: Stuart

Stuart — Sun, 08 Jun 2008 11:38:25 +0000

Where I live we probably would have had a Whist Drive for the old fellow.

By: Andrew Coates

Andrew Coates — Sun, 08 Jun 2008 10:50:55 +0000

I would have though you lawyer lot would have known this. Anyway, this law in France comes from Benthan, the English Utilitarian. It is called ‘non-assistance a une personne en danger’. Its origins comes from the influence than Benthan had on the French penal system (absolutely true). Such as the Pentoptican (wrong spelling but can’t be arsed to check it out) . all-seeing penal incarcaration. So we are all responsible for every action. As in the cases cited.

Jolly practice. But how does it work in theory?

By: Alcuin

Alcuin — Sun, 08 Jun 2008 08:47:04 +0000

I remember a very long time ago a story of a woman on a French motorway. Her father suffered a heart attack while driving, but was able to steer the car to the verge. She tried to flag down passing cars, without success, but one struck her down and did not stop. Police investigated after one car stopped a way down the road with blood on its front. When they reached the scene, they reckoned she had been struck by as many as 20 cars, none of which stopped. It was not possible to determine which one killed her. I cannot remember if the father survived, he probably would not have wanted to.

Despicable. Perhaps, but consider this. Again a long time ago, an acquaintance of mine was driving down a suburban street late at night when he saw a body in the road. He stopped and went to give help. The body go up and with the aid of some hidden friends mugged the driver, leaving him so badly wounded that he lost an eye.

Both cases are fortunately rare examples of poor behaviour (though probably more common in times past), that anyone in such a circumstance has to make a difficult and quick calculation to a real dilemma.

By: Sarah Franco

Sarah Franco — Sun, 08 Jun 2008 05:59:44 +0000

ahh, and let me add, here in the backward country where I live, we are all good samaritans. Never a person in trouble is denied help, just like a thirsty person is never denied water…

By: Sarah Franco

Sarah Franco — Sun, 08 Jun 2008 05:57:51 +0000

Jonh D:

I knew he was an illegal immigrant for the simple reason that in Portugal you have to get a special permit to drive a taxi, and that permit must be visible to the passenger.

Simple as that!

He was working illegally. Many nationals also work illegally in that kind of night job, but the fact that:

1- he hardly spoke portuguese;

2- he didn’t knew the city, despite the fact that my destination was very easy to reach he asked to guide him.

3- in my country it is not dificult to identifie an illegal immigrant, because 90% of the immigrants are illegal and all the immigrants who have unpleasant jobs being exploited are illegal. I know that because for an illegal immigrant to become legal, he needs to have a legal biding contract, something very difficult to find, even for nationals. I started working at 18, now I am 33 and the only legal contract I had in my life was a 3 month contract.

4- with the economic crisis, most of the legal immigrants as well as many nationals are leaving my country to work in Spain or in another country. From the 60 000 legalized ucranians working in Portugal, there are only 20 000 left, and these are people who got integrated in the portuguese society, which was obviously not the case of that driver

AND the reason I didn’t abandon the taxi:

On the back seat there was a drunken german guy. I coulldn’t just walk out and it is not easy to take a drunken 1,90 meter german drunk guy from a taxi.

In case I was alone, I would have got out on the first red light. ahhh, but then again, when I am alone, I’d rather walk 3 or 4 kilometers than to take a taxi at night. It’s much safer.