Bystander Rule and Good Samaritan Law

Historically, the common law has required no action at all from those who witness a person in distress unless the bystander created the dangerous condition. The bystander has been free to walk away, laughing if he wished. This is called the "bystander rule." Some exceptions crept into the law, such as the duty of an employer to assist his worker. The legislatures of some states, such as Vermont and Minnesota, have passed statutes that reversed the common law rule. These so-called Good Samaritan laws place a duty on bystanders to come to the aid of someone in distress if it is reasonable to do so. They also incorporate a minor criminal penalty for failure to do so and immunity from civil liability for negligence. Our concern is with the legal obligation and potential liability of a private citizen coming to the aid of someone in peril. Our lesson also illustrates how a common law principle, honored by many generations of judges, can be overturned by a statute.

Watch thisvideo clipfrom a Seinfeld episode. In this episode, Jerry, Elaine, Kramer, and George laugh as they watch someone being mugged and robbed and do nothing to help the victim. They are arrested and charged with violating the town's Good Samaritan law for their failure to come to the victim's assistance. Read theMinnesota Good Samaritan statute.

After readingthe situation, explain your potential liability for her injuries and the liability of RiverNile, your employer. Consider the following issues. What might be the basis of her claims? What protection, if any, would the Minnesota Good Samaritan Law afford you and/or your employer? What defenses might you have? What might have been your liability if there were no Good Samaritan Law? Would you have gone to her aid if there were no Good Samaritan Law? Why or why not?