Victim, rescuer and travesty of justice

The Straits Times, Published on Oct 25, 2011
Victim, rescuer and travesty of justice
MR PEH Shing Huei's retelling of the story of Peng Yu and Xu Shoulan shows that justice in China may sometimes be miscarried ('Help me up... so I can sue you'; last Friday).

The court's decision in this particular case is an utter travesty of justice in the development of Chinese law .
Be that as it may, under English common law, there is no general duty to go to the rescue of another. A person cannot be held liable for doing nothing while another person is in danger. A duty to rescue can arise only where a person who creates a hazardous situation causes another person to fall into peril, and only then has the creator a duty to rescue.
Such a duty also arises if a 'special relationship' exists. Firefighters have a duty to rescue the public within the scope of their employment. The United States Supreme Court has also previously ruled that the police have no duty to protect any citizen not in custody and cannot be sued for their failure to protect.
Parents also have a duty to rescue their minor children.
A moral or ethical duty to rescue may exist even where there is no legal duty to rescue. The common law does not require a bystander to help someone in peril.
Only if there is a 'special relationship' would a duty to assist arise. If one party derives an economic advantage from the other, such as in the case of an employer and employee, then the employer is obliged to help if the employee is injured at work. In an accident, common carriers must assist passengers and innkeepers must aid their guests. A negligent motorist who causes an accident involving injuries is liable if he does not provide assistance.
In legal theory, the bystander is safe as long as he does nothing to help. But as soon as steps are taken to help, immunity for failing to act is removed. If a bystander decides to act as a good Samaritan and chooses to intervene, he will be liable to the victim if rescue actions were unreasonable and indeed aggravated the plight of the sufferer.
The old common law defence of necessity protects a rescue from liability for trespass if the individual enters another's property or uses another's goods necessary to save lives. A good Samaritan can break into a garage and seize an axe to save a stranger trapped in a burning car.
From past cases, English judges have always regarded the rescuer as the Cinderella of the law.
Heng Cho Choon
http://www.straitstimes.com/STForum/OnlineStory/STIStory_726755.html
================
At/ related:
HWZ:
25Oct2011: [China]: Help me up... so I can sue you