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On Sep 4, 9:27?am, "D-unit" cof42_AT_embarqmail.com wrote:
After getting drenched in a heavy downpour last week and on my way home, I notice a fellow off to the side of the ICW *walking* his boat up the waterway. He waves and appears to be in distress so I turn around to see what's up. Turns out, His battery is dead. I hand over my battery booster which doesn't help much. (Im wondering if I shouldn't have bought a larger one) He then asks me to tow him to the wildlife ramp. (approx. 3-4 miles) to which I reluctantly replied ok. He said a couple other guys had stopped but refused to give him a tow. I have never had to tow anyone but was willing to help the guy out. I did irk me that he had no back up of any kind. i.e. extra battery, paddle. battery booster. When we got to the ramp, he offered no *thank you* but a "what do I owe you"? A thank you would have sufficed, I guess that's what he meant. Afterwards, I starting thinking about what my obligations are in similar situations. I think Im only legally obligated to lend assistance only if it is a dire situation or someone is hurt. Maybe someone could clear this up. Check your individual state law. In most jurisdictions, offering rescue services or other assistance is legally optional. Might be morally or ethically compelled, but seldom legally required. In fact, some people are reluctant to lend assistance due to well-founded fear of lawsuits. There have been many well publicized cases where a passer-by performs CPR on somebody having a heart attack, the victim dies anyway, and the person who offered the assistance is then sued by the deceased's heirs for an enormous amount of money. States now typically have "Good Samaritan" laws in place to protect volunteer rescuers from such lawsuits, but some states have a variety of standards that appply and in many the voluntary rescue must be performed with a certain level of competence for the legal protection to be fully effective. The USCG actually refers to boaters who stop and render assistance as "good Sams" or "good Samaritans". In the original parable of the Good Samaritan, a foreigner from Samaria stopped to assist a person injured on the side of the road when the person's actual neighbors were pretending not to notice him. Being a good Samaritan is a voluntary action. When monitoring Channel 16, its normal to hear the Coast Guard "ask" whether there are vessels in the vicinity of a situation that might be willing to help...."any vessels in the vicinity willing to render assistance or provide additional information......". If there were some law requiring compliance, I think we would hear "all vessels in the vicinity are directed to proceed to the scene....." |
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