Week 2 Discussion Responses

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Seton Hall University *

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Philosophy

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Dec 6, 2023

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Week 2 Discussion Question Responses Discussion Post 1 Markeeta, I do appreciate your opinion on this topic however, I have a different view. The scenario that you provided about seeing a child left unattended in the street was interesting. Although you may believe that intervening to get the child to safety is the right thing to do in this scenario, that may not be the case for everyone. I believe that a person who chooses to not get involved with someone else’s child should not be held liable. Of course, calling the police or getting the child to safety would be great but I do not think it should be legally required. Instead, I think the child’s parent or guardian should be held liable for leaving their own child unattended in the first place. It is their responsibility to ensure the safety of their child. I do not believe that a stranger should be legally obligated to intervene simply because they just happen to be passing by. Crystal, I found your perspective on this topic interesting but I do have a different opinion here. In the Harper case that you mentioned, Harper reportedly dove into the shallow water without warning. Therefore, Herman did not have a chance to warn Harper beforehand. I believe that Harper impulsively diving into the water without warning Herman was negligent on his part. In general, I do not think that people should be legally required to help others in danger. In some cases, this can pose a greater risk to cause another person to endanger themselves as well. In a perfect world everyone would want to help one another. However, it is not realistic to create a law that forces people to help if they are not comfortable in doing so. I think it is fine for someone to offer help from a distance instead by calling 911 to report the incident for example. Despite our difference in opinions, you provided a great discussion post. Discussion Post 2 Ciera, I agree with your perspective on what should be included in a Good Samaritan statute. It’s important to recognize that people can only offer assistance to others based on their own capabilities. A call to emergency services when someone is in danger is obviously helpful and this is the minimum that I would require in a Good Samaritan statute. However, not everyone feels obligated to directly intervene in someone else’s situation and that personal choice should also be respected. Ultimately, this depends on how comfortable someone is in getting themselves involved and if their involvement could potentially put them in harm’s way as well. I also agree that people without a medical license or certification should not face liability if they were acting reasonably in the situation. As for medical professionals, I included that they should be required to help in some way as it is their job responsibility to do so. Dijon, I agree with your opinion that a Good Samaritan statute should universally apply to everyone and not just specifically medical professionals or vice versa. Your point about providing immunity unless there is gross negligence involved was interesting. Your example about rib cage damage to a person being given

CPR clearly explained your view on this topic. I think that the New York Good Samaritan Act and NYC Public Health Law are great references that you chose to include. How exactly a court will determine negligence can quickly become complicated. Although we hope that people would help others in good faith that may not always be the case. As every circumstance is different, it’s difficult to tell if any harm caused by a Good Samaritan was intentional or not. The extent of how a rescue is defined can be complex as well. What exactly does a rescue consist of? Could this be simply calling 911 or is further action required?

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