Dave wrote:
On Thu, 25 Jan 2007 09:39:23 -0500, Jeff said:

The Federal Boating Safety Act of 1971 contains
a "Good Samaritan" provision that became part of Chapter 23. Of
course, The Good Samaritan Doctrine is not free license to act
completely incompetently. Even under state laws you can be liable if
your actions can be shown to be negligent. So the question is, how
much grey area is there between "negligent" and "ordinary, reasonable,
and prudent"?

TITLE 46 Subtitle II Part A CHAPTER 23 § 2303
(c) An individual ... gratuitously and in good faith rendering
assistance at the scene of a marine casualty without objection by an
individual assisted, is not liable for damages as a result of
rendering assistance or for an act or omission in providing or
arranging salvage, towage, medical treatment, or other assistance when
the individual acts as an ordinary, reasonable, and prudent individual
would have acted under the circumstances.

Unfortunately that's not a good Samaritan law.

So why is it that there are hundreds of web sites that call this a
"Good Samaritan Law"? Can you perhaps point us to one that does
satisfy your requirements?


It simply codifies the common
law standard that causes the problem in the first place. Any halfway decent
trial lawyer can dream up some theory of negligence if an attempted rescue
turns out badly. A good Samaritan law would protect the person rendering
assistance unless he is guilty of wanton misconduct. So as it now stands you
have a choice. Risk a $1,000 fine for not rendering assistance, or trust
yourself to the tender mercies of the plaintiff's bar.