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What is the Difference Between Good Samaritan Laws in Different Countries? |
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Good Samaritan Laws were devised as a way of protecting people who come to the aid of others. They stipulate that any person who comes to the aid of an injured or ill person cannot be blamed for any further injury or illness that results from the aid given. People may hesitate to give aid for fear of being wrongly prosecuted for the person's accidental injury or death. Good Samaritan Laws can vary from country to country, but the concept of the law is universal. The Good Samaritan Law takes its name from the parable told by Jesus in the Bible, in which a Samaritan stops to help an injured stranger. Good Samaritan Laws state that unless there is a previous caregiver relationship, no one can be made to come to the aid of another. Assistance given for financial remuneration is not protected by Good Samaritan Laws. People such as security guards or those who give aid as part of their employment are also not protected by Good Samaritan Laws. In addition, the aid giver must not leave the injured or ill person until professional medical assistance has arrived. Good Samaritan Laws ensure that the person giving assistance is not legally liable for any harm or death that befalls the injured person. A person cannot give any help to a conscious injured person without his or her consent, or the act can be considered assault. If the injured or ill person is not conscious or is delusional, then consent is not required. Although the basic guidelines of Good Samaritan Laws are universal, different countries have different views on the law. In some countries, for example the Canadian province of Quebec, the Good Samaritan Law is a legal requirement that makes helping the injured compulsory. In some countries, Good Samaritan Laws do not exist. In countries such as Ireland and Lebanon, there are no guidelines regarding the Good Samaritan Law. In Italy, the minimum required assistance is to call for an ambulance if an injured or ill person is found. Italians who provide assistance are usually protected from court action. However, they can still have legal action taken against them if any harm comes to the person. In France, it is a legal requirement to help someone who is injured. If an onlooker does not help, then he or she can be charged with failing to respect the law. In Germany, a person should provide help if it is required, and he or she is immune from prosecution if the assistance turns out to be harmful. The general consensus throughout the world seems to be that it is best to help someone who is injured, although in these days of mass litigation, it might be prudent to check the rules concerning your area first.
Written by
Garry Crystal
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