American Legal Fictions

[peacetraveler22]

Last week, I saw the most ridiculous story about America hanging in TOP ЖЖ all day - За что в Америке дают 4 года тюрьмы? The story bothered me for several reasons. First, because the post completely misinterprets the American legal system. I'm a lawyer, so such idiotic statements with no factual basis irritate me. Second, the author of the post, katysha, clearly took no time to research the facts or think about what she wrote. The post was written to incite the masses, and her objective was achieved as the post has almost 1,000 comments. Third, you shouldn't write about a topic of which you have absolutely no knowledge. In this case, it seems the author knows very little about America and certainly nothing about American laws. I say this because she stated in one of the comments in the post that Chicago is in Michigan, when in fact it's in Illinois and one of America's most popular and well-known cities. I don't claim to know everything, but if I'm ever in doubt about a fact, I take a few seconds to google the topic and find the answer. Apparently this author is too lazy to type on the keys and see where Chicago is located, or research basic facts about American laws. However, she has a very imaginative and creative mind! For this, I give her credit.

Today I want to clarify the falsities in that post, and tell you about America's "Good Samaritan Laws," which protect citizens who render aid to strangers in emergency situations. Perhaps you have come upon an accident scene like the one in this photo? A normal human being would contemplate whether to get out and help, or simply drive past the accident. Are you protected under American law if you help, or render some type of medical aid?

The answer is, "it depends." Almost all States have "Good Samaritan Laws." They protect ordinary citizens who render assistance in emergency situations. However, the care and help provided must still be "reasonable" and not negligent or reckless. Such Good Samaritans can't be charged or held civilly liable for intervening. Based on my understanding of the post last week, the author creates the tale of a Russian man who witnesses a child being attacked by birds in a lake. He jumps in to help the child, starts swinging at the birds with a stick, and is later sued by the mother of the child. The author indicates this accident happened "a couple months ago", yet the hero of the story already received a 4 year jail sentence or 100 days of community service. Right there, I know the story is false. America - a very litigious country. It sometimes takes years for a case to be processed through the court system, so there is an extremely low probability that the events occurred only a few months ago, a trial already has happened, and the man's sentence handed down. Unfortunately, the American justice system isn't that efficient. Maybe I misunderstood what the author wrote? If so, please correct me.

Regarding liability for his actions, more facts must be known. In some cases, Good Samaritan laws protect only law enforcement, emergency personnel workers, doctors and nurses. However, other States protect the actions of ordinary citizens, provided they act in a "reasonable" and non-reckless manner. Maybe this guy was wildly swinging at the birds but missed them, and injured the child instead? Maybe his actions were not reasonable and of a reckless nature? If so, he could be held liable for his actions under American law. It's up to a jury to decide whether the actions were "reasonable." In all cases, if the citizen receives some type of monetary payment for rendering aid, he or she will not be protected under these laws. They are meant to protect humans acting only out of goodness, with no ulterior motive such as payment.

Here's an example of the Good Samaritan Law from my home State of Virginia:

"Any person who in good faith renders emergency care, without remuneration or expectation of remuneration, at the scene of an accident or emergency to the victim of the accident or emergency shall not be liable for any civil damages resulting from the persons acts or omission, except for such damages as may result from the persons gross negligence or wanton acts or omissions."

Vermont is one of the few States that actually impose a duty on fellow citizens to render aid and assistance:

"(a) A person who knows another is exposed to grave physical harm shall, to the extent that the same can be rendered without danger or peril to himself or without interference with important duties owed to others, give reasonable assistance to the exposed person unless that assistance or care is being provided by others."

"(b) A person who provides reasonable assistance in compliance with subsection (a) of this section shall not be liable in civil damages unless his actions constitute gross negligence or unless he will receive or expects to receive remuneration.Nothing contained in this subsection shall alter existing law with respect to tort liability of a practitioner of the healing arts for acts committed in the ordinary course of his practice."

I don't agree with this Vermont statute. The duty to render aid should not be mandatory, but voluntary. Now there is a push in most States to encourage people to immediately call 911 (our nationwide emergency telephone number) if they suspect someone is suffering from a drug overdose or alcohol poisoning.





Yes, discussing legal topics is very boring! However, I wanted to educate people about this topic, given that many of you probably read the original post. Please don't believe all of the nonsense written about America on this forum. If you ever have questions about my country, send me a message and ask. I will do my best to respond, but may not have all the answers.

You can search the Internet and find cases where people have been sued for helping in emergency situations. Such lawsuits definitely exist, but they are not the norm.  America is not some wild place, where people have no regard for the well-being of others. Time and time again, we see ordinary citizens coming to the aid of others, sometimes even risking their own life in the process. On September 11th, during the Boston Marathon bombings, during tornadoes and other natural disasters, and on the streets and highways of America every day. It's a personal decision whether to help or not, but I continue to believe that most humans are good, with noble intentions. Not only in America, but around the world.

Have you ever rendered emergency aid to anyone or helped at the scene of an accident?

**This post is informational only, and not for the purpose of providing legal advice.**