Encourage the legal

This article from theAmerican reference fog Valley Fei HongboGuest---AuthorJianan, 2011-10-20

 

In USA, all the states have to encourage and protect the legal English do boldly what is righteous, called Good Samaritan law, literally translated as Chinese is "good Samaritan law", a story about Jesus it is derived from the New Testament "Luke" inside records, said is a Jewish man at the robber wounded, lying on the side of the road, the same as the Jewish priests and people go, but get a Jew as pagan Samaritan assistance. Christian culture uses the story to commend and encourage do boldly what is righteous person.

 

Modern society is not normal but sometimes jiurenzhe instead has been accused of perpetrators, so have all formulated protection do boldly what is righteous in many state laws, in good faith to save the lives of others when the accident damage, the rescuer not liable. Some provisions in the accident rescue others is a civic duty, Germany and even the provisions of the body at the scene of the accident without providing assistance is illegal, the Canadian province of Quebec is also making a similar law to consider.

 

In American, it belongs to the jurisdiction of the state level, the states have laws similar. If there is unsatisfactory in practice, the legislature amended. Let us take a look at the most attract sb.'s attention in American in recent years a case.

 

The evening of October 31, 2004, Alexandra Van Horn and the Lisa Torti et al in the home after smoking marijuana went to the bar drinking, midnight they arrived in two cars leave. The car in front Van Horn ride control wash up on shoulder hit the lamp pole on the roadside. Torti in the second car, she will get off the injured Van Horn used car passenger seat on the out of the car.

 

Van Horn because of the injured vertebra paraplegia, afterwards she told Torti shouldn't be treated like a "doll" as she pulled out, causing the severity. The defendant claimed to see the car in front under the hood to smoke, fear of fire or explosion, which holds the Van Horn legs, on the other hand to waist lift it out of the car.

 

Because there are different versions of the rescue process, so the procedure focuses on the terms of the California "good Samaritan law" interpretation. At the time of California, the law is the health and safety law enacted in 1980, limitation of liability law article 1799.102.a said, in case of emergency, anyone out of kindness not to reward by emergency medical care, should not for any of its (care) act or omission of any civil liability (No person who in good faith, and not for compensation, renders emergency medical care at the scene of an emergency shall be liable for any civil damages resulting from any act or omission).

 

In March 21, 2007, California Second District Court of appeal accepted the plaintiff lawyers say, that when the accident happened, the defendant provided emergency care not "medical", but lead to the improper rescue eventually paralysis, which should undertake civil liability. The appeal, the Supreme Court of California in December 19, 2008 4 more than 3 ruling identity the appellate court conclusion.

 

The court's ruling, folk reaction is very strong, the national ski patrol organizations, civil judicial Association, California California city alliance, California Emergency Nursing Association and the California citizens against the abuse of litigation organization lobbying the government to amend the law. The state legislature Senator John Panuit once in the law enforcement departments to work for 31 years, did many years highway patrol, have no several attendance processing accident, he said, they are often not the first people to arrive at the scene, often before he was to help the accident were out of the car, leave the dangerous lane, or cardiac pacing and other emergency measures. When he heard the verdict, first reaction was that it would cause people to avoid hand in case of emergency, and it may lead to distress people died.

 

Facing the private doubts, the parliament of California quick action, a bipartisan group of senators jointly, in 2008 December and 2009 January respectively proposed 3 amendment proposal, "medical emergency" in the legal provisions of the care of L1 add "or non medical care" (or nonmedical care) 3 words. The proposal in the house was adopted without objection, in August 7, 2009 by the then California governor Schwarzenegger signed into law, effective immediately. From then on, as long as careful, people need not worry because people in California and by blackmail.

 

Twenty years ago I came to America time, living in a university town in mountainous areas, bought a second-hand bike riding, a day because of a small snag paid no attention to the side of the road and fall. Although only the knee and shoulder rub off a little skin, no harm, but when I was still not had time to react, there are two or three passers-by hurried over to greet, trying to hold my hand, asked if I wanted to go to the hospital to do bandaging check. I just feel here everyone is willing to help others, then know that behind it are strongly support and legal protection.

 

Stands in the Paris Tuileries garden Fran ç ois Sicard sculpture "good Samaritan" (Jastrow)

Valley fog Feihong / American reference
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