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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.
For example, all firefighters of the New York City Fire Department require a valid CFR-D (Certified First Responder - Defibrillation) certification. The first responder level of emergency medical training is also often required for police officers , rescue squad personnel, and search and rescue personnel.
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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.
Good Samaritan laws often protect responders who act within the scope of their knowledge and training, as a "reasonable person" in the same situation would act. The concept of implied consent can protect first responders in emergency situations. A first responder may not legally touch a patient without the patient's consent.
Nov. 18—When the West Virginia Manufacturers Association pitched an idea for a new Hazmat Good Samaritan law to legislators on Monday, we thought that sounded like a pretty good idea. Once upon ...
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