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Old 03-20-2016, 05:16 PM
 
Location: Arizona
6,131 posts, read 7,991,845 times
Reputation: 8272

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Quote:
Originally Posted by JGMotorsport64 View Post
You are required to help someone if you are the reason they are injured, I.e., a car accident.

If you elect to help somebody you had no involvement in the injury then you cannot leave them in a worse position then you found them. The Good Samaritan Laws apply when this is called into question. Courts aren't favorable to punishing people for trying however, it's the very poor attempts that cause problems.

If you see somebody pass out you aren't under obligation to help them, unless you are an appropriate doctor/related professional. In fact, in some instances, a doctor who has helped an injured person has successfully won payment for services rendered even if the person ended up dying anyway.



I saw a post about Gatorade, I'd recommend 1 Gatorade and a lot of water. Gatorade to replenish and water to hydrate. Drink A LOT of water.
So before I ask this question, let me make 2 statements. I was an EMT for over 15 years (but not in AZ), so I'm quite familiar with things such as Good Samaritan, abandonment, and duty-to-act laws. And if I was involved in an accident where people were injured I would try to help however I can. I'm also aware some states may have laws that require rendering assistance (famously parodied in the final episode of Seinfeld).

Even so, I'm not aware that people involved in MVAs are required to aid each other (legally, anyway). A car accident is not a deliberately created hazardous situation. Nor am I aware of any requirement that motorists stop and assist each other. In fact, this could be dangerous for the person who stops (so just call 911).

But perhaps AZ has laws I'm not familiar with and couldn't locate, so I'd appreciate any reference you could provide.
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Old 03-20-2016, 06:20 PM
 
Location: Hyrule
8,390 posts, read 11,610,711 times
Reputation: 7544
Quote:
Originally Posted by johnp292 View Post
So before I ask this question, let me make 2 statements. I was an EMT for over 15 years (but not in AZ), so I'm quite familiar with things such as Good Samaritan, abandonment, and duty-to-act laws. And if I was involved in an accident where people were injured I would try to help however I can. I'm also aware some states may have laws that require rendering assistance (famously parodied in the final episode of Seinfeld).

Even so, I'm not aware that people involved in MVAs are required to aid each other (legally, anyway). A car accident is not a deliberately created hazardous situation. Nor am I aware of any requirement that motorists stop and assist each other. In fact, this could be dangerous for the person who stops (so just call 911).

But perhaps AZ has laws I'm not familiar with and couldn't locate, so I'd appreciate any reference you could provide.
Nope, you're right.
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Old 03-20-2016, 06:24 PM
 
8,081 posts, read 6,965,605 times
Reputation: 7983
Quote:
Originally Posted by johnp292 View Post
So before I ask this question, let me make 2 statements. I was an EMT for over 15 years (but not in AZ), so I'm quite familiar with things such as Good Samaritan, abandonment, and duty-to-act laws. And if I was involved in an accident where people were injured I would try to help however I can. I'm also aware some states may have laws that require rendering assistance (famously parodied in the final episode of Seinfeld).

Even so, I'm not aware that people involved in MVAs are required to aid each other (legally, anyway). A car accident is not a deliberately created hazardous situation. Nor am I aware of any requirement that motorists stop and assist each other. In fact, this could be dangerous for the person who stops (so just call 911).

But perhaps AZ has laws I'm not familiar with and couldn't locate, so I'd appreciate any reference you could provide.
No you're right you have no duty to injured strangers.

Below is not a proper statute, it is a pseudo-statute created by the ALI (an assoc. of lawyers, judges and law professors) who write model statutes for courts to follow. To my knowledge, this has been adopted in a good majority of states including Arizona.

Restatement (2nd) of Torts §§ 322, 323, 324A

Quote:
If the actor knows or has reason to know that by his conduct, whether tortious or innocent, he has caused such bodily harm to another as to make him helpless and in danger of further harm, the actor is under a duty to exercise reasonable care to prevent such further harm.

One who undertakes, gratuitously or for consideration, to render services to another which he should recognize as necessary for the protection of the other's person or things, is subject to liability to the other for physical harm resulting from his failure to exercise reasonable care to perform his undertaking, if
(a) his failure to exercise such care increases the risk of such harm, or
(b) the harm is suffered because of the other's reliance upon the undertaking.

One who undertakes, gratuitously or for consideration, to render services to another which he should recognize as necessary for the protection of a third person or his things, is subject to liability to the third person for physical harm resulting from his failure to exercise reasonable care to protect his undertaking, if
(a) his failure to exercise reasonable care increases the risk of such harm, or
(b) he has undertaken to perform a duty owed by the other to the third person, or
(c) the harm is suffered because of reliance of the other or the third person upon the undertaking.
That means that if I am driving in a dark tunnel, and you on a bicycle run into my car injuring yourself, regardless of the fact that I had nothing to do with your injury besides existing in my car, I have a duty to you to ensure to the best of my reasonable abilities that you don't get more injured. That means I have a duty to move you out of the way, call 911 etc. do what is appropriate in the circumstances. Whether or not it was intentional is irrelevant to this duty.

But if I decide to help somebody who is injured when I didn't cause the injury, I have to return them in a better position than I left them.

In short, you don't have a duty to help misc. strangers unless you have some kind of relationship to them.

As for the Seinfeld example, I'm not aware of statutes requiring aid, Seinfeld was parodying an absurd rule. Good Samaritan Laws are designed to protect people trying to aid people they didn't injure. Almost every state gives an immunity to medical professionals assisting, and some allow them to bill for "Services Rendered."

For a little information on how Good Samaritan laws work also using your Seinfeld example see below. This is based in California, but Arizona has similar rules on the subject (not exactly the same however).

http://www.mcgeorge.edu/Documents/Pu...er_3-23-10.pdf
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Old 03-20-2016, 06:50 PM
 
1,995 posts, read 2,079,488 times
Reputation: 3512
Quote:
Originally Posted by 43north87west View Post
According to Gatorade, 12 oz. has more than half the sugar as a 12 oz. can of coke (21g vs 39g). They do offer a lower calorie chemically sweetened version though, for people who take their health more seriously.
I'm reading a label of Gatorade right now, glacier freeze. Its 32 oz./1qt. 21g sugars and so does fruit punch. The other flavor I have grape, G2, has 7g of sugars in 1 qt. If you're going to then debate 42 vs 39g of sugar, I will have better things to do.
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