Saturday Statement #4
“Cases like the Roscommon child neglect wouldn’t happen if Ireland had a Good Samaritan rule.”
Discuss.
* The Good Samaritan rule is best explained by example: if you see a baby fall into a river, you can stand around, gasp, take photos of the accident, but if you choose not to get involved, though you might be neglectful in not trying to help the child, you are legally pure and not involved. If, however, you dive in to help the baby, save it, and while trying to resuccitate it, you accidentally crack its rib, should the child die you may be liable for its death.
One Response to 'Saturday Statement #4'
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Having read, http://www.irishtimes.com/newspaper/opinion/2009/0124/1232474678842.html ,this sounds like a sad case of everyone expecting someone else to “do their job” (aka passing the buck). Somewhat similar to Haringey cases http://www.guardian.co.uk/society/2008/nov/11/child-protection-climbie-babyp
There is a documented psychological effect, the public would not intervene particularly if the authorities are involved already.
http://en.wikipedia.org/wiki/Bystander_effect
There is no evidence any law was inadequate here. A so called “Good Samaritan” law aims to allay a fear of prosecution, not relevant here I think. In fact not necessary in other cases tried in the UK either as people acting reasonably are protected already, I doubt Ireland is very different. For all the faults of judges we’ve not followed Americas lead in developing a litigious society.
jayprich
25 Jan 09 at 10:28 pm