Bugtraq mailing list archives

Re: bug-testing identd NOT available here


From: jim () Tadpole COM (Jim Thompson)
Date: Sun, 12 Mar 1995 22:49:16 -0600


An example of how this might be applied is that if I see a person bleeding
to death and walk on by, I can not be held liable or negligent if the person
dies.  But if I stop and provide aid, but do not apply everything I learned
about first aid 20 years ago, and the person dies, then the victim's family
can sue me for negligence in the victim's death.  They may not win in court,
but the court would find that the suit has merit and would proceed with it.

Many states, (all 50, I think), have what is termed a 'Good Samaratin'
law, whereby one can't be sued for ngligence for this type of scenerio.

If you're a doctor, EMT, etc, you don't fall under the law.  Because of
your training, you will be held to a higher standard.

A "Good Samaratin" who elects to perform on-site brain-surgery without
the training needed can still be sued though.

I'm not a lawyer either.  (Though I live with two 3rd-year law students,
which is a legal education unto itself), but I used to be an EMT.

Given the state of the legal system when applied to 'cyberspace' (for
lack of a better word), there is good reason to be afraid anyway.

Jim



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