Question

Dawn was driving down the road when she spotted a one-car accident and a woman named Sarah on the side of the road. Dawn stopped to call 9-1-1 and began to render aid while waiting on the ambulance. Dawn attempted to perform CPR, but she broke several of Sarah’s ribs in the process. The broken ribs punctured Sarah’s lungs, causing Sarah to go into respiratory failure. Sarah died shortly thereafter. Which of the following is NOT correct?
a. Dawn was obligated to assist Sarah under the American bystander rule.
b. Even though Sarah died as a result of the trauma caused by the punctured lung, Dawn’s intervention may be protected under a Good Samaritan law.
c. Dawn would have been obligated to assist Sarah under the European bystander rule.
d. Depending on what state Dawn is in, state law might require her to assist Sarah.

Answer 1

Answer:

c. Dawn would have been obligated to assist Sarah under the European bystander rule

Explanation:

The bystander rule is a type of rule which states that a person generally has no legal obligation to rescue, save or assist another (victim) who is in danger or at risk, even if the society imposes a moral responsibility to act as such.

This is known as the American bystander rule and is opposite from the European rule which mandates intervention and assistance, the European version of this rule is called the Good Samaritan rule

so under the European bystander/Good Samaritan rule, Dawn would have been obligated to assist Sarah.