Legal Question in Criminal Law in California

Good Sam

Are people required to take action if they see someone dying?


Asked on 4/05/09, 1:07 am

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Good Sam

No, unless you have a relationship with the injured person that would require that you act, such as you are the person's parent or caretaker; or you are the person who created the danger.

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Answered on 4/05/09, 1:32 am
Joe Dane Law Office of Joe Dane

Re: Good Sam

There are very few situations in California Criminal law that require a person to act in a "Good Samaritan" situation. If there is a special relationship between the injured party and the other person (such as a parent/child, a caregiver or other type relationship that requires action), then they may be required to act or face criminal prosecution.

Without such a relationship, there is no affirmative legal duty for a person to act to save another person.

Morally - - - that's another question, but legally, no. There's no requirement.

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Answered on 4/05/09, 2:35 am
Terry A. Nelson Nelson & Lawless

Re: Good Sam

Morally, of course, but then that is a politically incorrect concept today. Legally, not without a relationship between the parties.

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Answered on 4/06/09, 12:57 pm


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