tag:blogger.com,1999:blog-1803277458234915829.post8898495027406898956..comments2023-10-17T07:31:49.410-05:00Comments on The War of All Against All: Should There Be a "Duty to Rescue"?Phaedrushttp://www.blogger.com/profile/17280121963485620733noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-1803277458234915829.post-78290828069645766382008-06-08T12:08:00.000-05:002008-06-08T12:08:00.000-05:00I don't come to your blog to analyze real moral an...I don't come to your blog to analyze real moral and legal questions. I come for inane, sarcastic and bitter comments about law school and the legal field. <BR/><BR/>(But you do bring up a good question)Unknownhttps://www.blogger.com/profile/12846384663396059326noreply@blogger.comtag:blogger.com,1999:blog-1803277458234915829.post-31458550556583758262008-06-07T07:36:00.000-05:002008-06-07T07:36:00.000-05:00Moral obligation: good.Creating a new tort against...Moral obligation: good.<BR/><BR/>Creating a new tort against bystanders who don't jump into raging rivers to save idiots: bad.<BR/><BR/>Duty to inform: agin, what happens if there is a breach? Liability for wrongful death just for being a thoughtless asshole?<BR/><BR/>Sorry, can't do it.Butterflyfishhttps://www.blogger.com/profile/10107438909973957940noreply@blogger.comtag:blogger.com,1999:blog-1803277458234915829.post-62779150309426689762008-06-06T15:05:00.000-05:002008-06-06T15:05:00.000-05:00beerpeanutsdrowning babiesDoesn't get any much bet...beer<BR/>peanuts<BR/>drowning babies<BR/><BR/>Doesn't get any much better than that!Meganhttps://www.blogger.com/profile/01104658800427262066noreply@blogger.comtag:blogger.com,1999:blog-1803277458234915829.post-50080231781065852682008-06-06T13:58:00.000-05:002008-06-06T13:58:00.000-05:00It'd be best if no duty was required - if human be...It'd be best if no duty was required - if human beings would act like they had a "moral obligation". But like other areas of government regulation (see Medicare, Medicaid, and Welfare) when other citizens don't or aren't willing to provide on an individual basis, the government has to step in and do something. Personally, I'd like to see a duty to inform, and perhaps a duty to rescue for certain competent individuals, e.g. doctors, off-duty emergency respondents, etc., but I haven't thought the duty to rescue out. It's been pointed out that such a duty could impose unforeseen consequences. As of now, I can't really think of any negative implications of a duty to inform. It really is not a huge imposition to force people to pick up their cell phones and dial 911. I suppose it's possible that dispatch could get inundated with calls, but that's a risk I'm willing to take. Also, if you watch the video it doesn't appear that such a flood would have occurred - there are maybe 10-15 observers, hardly what I'd call a flood. The only difficulty I see is enforcement. Would enforcement take the form of a civil remedy or a criminal punishment or fine? And how would these offenders be identified? In this case, the person struck happened to stay conscious, but even so witness identification is notoriously unreliable. What happens if the person requiring aid isn't fortunate enough to stay conscious? Would the person who actually made the phone call take the names down of the people who failed to do so? Would it be a defense to say, "Well I saw him making a phone call and assumed it was to 911, so I didn't want to repeat the call and waste their time."? These are questions that would have to be answered, but I'm confident such issues could be worked out given more than a few cursory moments to think about them. After all, if the Frenchies could figure it out, I'm sure we can as well.mootgoescowhttps://www.blogger.com/profile/02917280725107998953noreply@blogger.com