|
A duty to rescue is a concept in tort law that arises in a number of cases, describing a circumstance in which a party can be held liable for failing to come to the rescue of another party in peril. In common law systems, it is rarely formalized in statutes which would bring the penalty of law down upon those who fail to rescue. This does not necessarily obviate a moral duty to rescue: though law is binding and carries government-authorized sanctions, there are also separate ethical arguments for a duty to rescue that may prevail even where law does not punish failure to rescue. ==Common law== In the common law of most anglosphere countries, there is no general duty to come to the rescue of another. Generally, a person cannot be held liable for doing nothing while another person is in peril.〔See Yania v. Bigan 155 A.2d 343 (Penn. 1959). Bigan and Yania were strip mining coal. Bigan was working next to an 18' deep pit with water in it. He asked Yania and Ross to help him with a pump. Bigan and Ross told Yania to jump over the pit. He did, fell in, and drowned. Yania's widow had argued that Bigan and Ross had a legal obligation to assist Yania to prevent his drowning. However, the Appellate Court found that the law imposes no duty to rescue.()〕 However, such a duty may arise in two situations: * A duty to rescue arises where a person creates a hazardous situation. If another person then falls into peril because of this hazardous situation, the creator of the hazardwho may not necessarily have been a negligent tortfeasorhas a duty to rescue the individual in peril. * Such a duty may also arise where a "special relationship" exists. For example: * * Parents have a duty to rescue their minor children. This duty also applies to those acting ''in loco parentis'', such as schools or babysitters.〔See, for example, (Aba Sheikh v. Choe ), 156 Wn.2d 441, 457, 128 P.3d 574 (Wash. 2006), which discusses Restatement (Second) of Torts sec. 315 and 319, stating: As a general rule, our common law imposes no duty to prevent a third person from causing physical injury to another... Additionally, under the public duty doctrine, the State is not liable for its negligent conduct even where a duty does exist unless the duty was owed to the injured person and not merely the public in general... However, this court recognizes an exception to both these general rules. () duty arises where 'a special relation exists between the actor and the third person which imposes a duty upon the actor to control the third person's conduct.' () we have adopted one class of these 'special relation' cases as described in section 319: "One who takes charge of a third person whom he knows or should know to be likely to cause bodily harm to others if not controlled is under a duty to exercise reasonable care to control the third person to prevent him from doing such harm."(links added, citations removed)〕 * * Common carriers have a duty to rescue their patrons.〔See, e.g., ''De Vera v. Long Beach Public Transportation Co.'' 180 Cal. App. 3d 782, 225 Cal. Rptr. 789〕 * * Employers have an obligation to rescue employees, under an implied contract theory.〔() p425〕 * * In some U.S. jurisdictions, real property owners have a duty to rescue invitees but not trespassers from all reasonably foreseeable dangers on the property. Other jurisdictions, such as California, extend the duty to rescue to all persons who enter upon real property regardless whether they are classified as invitees, social guests or trespassers.〔(【引用サイトリンク】 title=Rowland v. Christian, 69 Cal. 2d 108 (1968) )〕 * * Spouses have a duty to rescue each other in all U.S. jurisdictions. * * In the United States, as of 2009 ten states had laws on the books requiring that people at least notify law enforcement of and/or seek aid for strangers in peril under certain conditions: California,〔Volokh, Eugene. ("Duty to Rescue/Report Statutes." ) November 3, 2009. Accessed December 17, 2010.〕〔California Penal Code § 152.3〕 Florida,〔〔Florida Stat. Ann. ch. 794.027〕 Hawaii,〔〔Hawaii Rev. Stat. § 663–1.6〕 Massachusetts,〔〔Massachusetts Gen. Laws Ann. ch. 268, § 40, ch. 269, § 18〕 Minnesota,〔〔Minnesota Stat. Ann. § 604A.01〕 Ohio,〔〔Ohio Rev. Code § 2921.22〕 Rhode Island,〔〔Rhode Island Stat. §§ 11–1-5.1, 11–56-1〕 Vermont,〔〔Vermont Stat. Ann. tit. 12, § 519〕 Washington,〔〔Washington Rev. Code Ann. § 9.69.100(1)〕 and Wisconsin.〔〔Wisconsin Stat. Ann. § 940.34〕 These laws are also referred to as Good Samaritan laws, despite their difference from laws of the same name that protect individuals who try to help another person.〔 These laws are rarely applied, and are generally ignored by citizens and lawmakers.〔 Where a duty to rescue arises, the rescuer must generally act with reasonable care, and can be held liable for injuries caused by a reckless rescue attempt. However, many states have limited or removed liability from rescuers in such circumstances, particularly where the rescuer is an emergency worker. Furthermore, the rescuers need not endanger themselves in conducting the rescue. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「duty to rescue」の詳細全文を読む スポンサード リンク
|