top | item 43316114

(no title)

redsaz | 11 months ago

Thankfully the episode's interpretation of a Good Samaritan Law is completely wrong, at least in many (most?) US states. They protect citizens acting in good faith to help somebody, not like it was interpreted in the episode to require somebody to help.

discuss

order

epcoa|11 months ago

Not completely wrong. There are duty to rescue or duty to report laws, and they too are very commonly referred to as Good Samaritan laws even if that more commonly refers to a different concept of liability.

https://www2.law.ucla.edu/Volokh/rescue.htm

Duty to report are on the books, including in Massachusetts (ch 268 ยง40), requiring bystanders to report crimes, but not necessarily render aid. Duty to report laws are rarely enforced, which is what makes the Seinfeld setup more ironic. Although MA has one of the broadest duty to report laws (covering armed robbery and manslaughter in addition to sexual assault), the max penalty is a $2500 fine, but other states have jail time penalties. Duty to rescue is most always only for special relationships, such as parent/guardian/child, spouse, employer/employee, passenger, not random bystanders.

https://www.findlaw.com/legalblogs/law-and-life/in-which-sta...