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At least five other states, including California and Nevada, have seriously considered adding duty-to-assist subdivisions to their Good Samaritan statutes. [46] New York's law provides immunity for those who assist in an emergency. [47] The public policy behind the law is:
A duty to rescue is a concept in tort law and criminal law that arises in a number of cases, describing a circumstance in which a party can be held liable for failing to come to the rescue of another party who could face potential injury or death without being rescued.
Less than two months after Collins's wife was widowed, public outcry resulted in New York City Mayor Wagner signing a "good Samaritan" bill into law. [4] In August 1966, New York State Governor Nelson Rockefeller signed into law a bill that would provide state compensation to eligible crime victims. [5] Rockefeller said this law was the result ...
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Good Samaritan laws aren't uniform, though, and some give blanket amnesty for people calling for emergency medical services while others have more conditions the caller must meet.
Medical amnesty policies were first present in the university setting. Although failure to seek medical assistance in cases of alcohol poisoning can lead to fatal outcomes, evidence suggests that the threat of judicial consequences resulting from enforcement of the minimum drinking age or other law or policy violations leads some students to refrain from calling for emergency medical services.
Int'l Ry. Co. [2] There, writing for the Court of Appeals of New York (which is the supreme court of that state), Cardozo stated: "Danger invites rescue. The cry of distress is the summons to relief [...] The emergency begets the man. The wrongdoer may not have foreseen the coming of a deliverer.