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lawrnk wrote:Wildbill,
My point was that Texans are protected from legal abuse, not the obligation to render aid.

Sorry, I misunderstood your point.

WildBill wrote:

lawrnk wrote:Wildbill,
My point was that Texans are protected from legal abuse, not the obligation to render aid.

Sorry, I misunderstood your point.

No, it was my bad. I should have clarified my point, and I didn't. The samaritan law is a noble one, but confusing to many.
I understand (and I may be corrected) that a LEO can require one to assist in some situations. IANAL, but I always wanted to be

That being said, even with the GSL, any situation one is protected, but never obligated to render aid...10 year old kid playing baseball, or a BG.
Then again, IANAL.

There is a situation where the law requires rendering aid:

Transportation Code § 550.023. DUTY TO GIVE INFORMATION AND RENDER AID. The operator of a vehicle involved in an accident resulting in the injury or death of a person or damage to a vehicle that is driven or attended by a person shall:...
(3) provide any person injured in the accident reasonable assistance, including transporting or making
arrangements for transporting the person to a physician or hospital for medical treatment if it is apparent that treatment is necessary, or if the injured person requests the transportation.

- JIm

Jim: Seems calling for an ambulance would satisfy that.

A BG is a BG. A BG with holes in him can still be dangerous. For that reason there is no law requiring you to render aid, certainly not in person, to a BG you have shot. However, definitely call 911 and ask for EMS for as many as are shot plus yourself (you're gonna need it when the adrenaline wears off).

Duty to act applies to EMS/Fire personnel only when on the job...An off-duty paramedic cruising down the road on his/her own time who witnesses an accident does not have a duty to act and is not "abandoning" a patient should he/she decide not to stop. Good Samaritan laws are supposed to apply to an off-duty paramedic who stops and provides aid, but things could get messy should the incident end up in court. The scary part is that the paramedic's agency will most probably not provide any type of legal assistance for an off-duty incident.

An interesting scenario would be to consider an incident in which a CHL shoots an armed attacker (no questions about the legal/moral aspects of the shooting), and the attacker is wounded and hits the ground, etc. The weapon falls far out of the attacker's reach, there are no accomplices, and the scene is safe. The CHL calls 911 then approaches the attacker and notices that he's having difficulty breathing, etc. The CHL begins CPR and is found there upon EMS and PD arrival. EMS takes over patient care, but the attacker dies. EMS and PD reports all note that the CHL was found performing CPR upon their arrival, so there's no dispute that the CHL was doing something physical to the attacker following the shooting.

Later, the attacker's family sues the CHL alledging that the CHL was not happy with the results of his shooting and claim that the CHL's CPR was actually further action to ensure the attacker's demise. After all, the CHL just used deadly force. Why would he then try to save the attacker's life?

I know it's a reach, but that scenario could be reason enough for a CHL/home owner involved in a self-defense shooting to simply call 911, stay safe, and take advantage of the fact that he/she is not required to render aid. Could providing aid be misrepresented as evidence that deadly force might not have actually been necessary?

Afff_667 wrote: The CHL begins CPR ... claim that the CHL's CPR was actually further action to ensure the attacker's demise.

I recall a Joseph Wambaugh novel (Choirboys, maybe), where an officer shot a suspect and then dutifully applied CPR in order to pump even more blood out of the bullet holes.

Why? Did he run out of bullets?

HighVelocity wrote:I am not trained, nor equipped to deal with bloodbourne pathogens and other biohazards. I will call the police and they can take it from there.

+2, or 3, or 10, or whatever. A perpetrator shot down during a home invasion robbery has no rights under the Geneva Conventions. I do think you retain the moral high ground if you call the police and report the man down and tell them he's going to need an ambulance. But without additional training, equipment, and the certain knowledge that the situation is now safe, I don't think you are under any moral or legal obligation to further endanger yourself by trying to treat him.

I will just add that its not like the old days where you could just beat the crap out of one another and then go have a beer and be best buds after that. Some where along the line honor and dignity have been replaced with cowardice and stupidism. Now a days they would be happy to take you with them rather than let you save them.

What about the possibility that your attempt to save the perp's life might be wrongly interpreted as your admission that deadly force was not necessary in the first place?

Wildscar wrote:ISome where along the line honor and dignity have been replaced with cowardice and stupidism. Now a days they would be happy to take you with them rather than let you save them.

Tom

Wildscar wrote:I will just add that its not like the old days where you could just beat the crap out of one another and then go have a beer and be best buds after that. Some where along the line honor and dignity have been replaced with cowardice and stupidism. Now a days they would be happy to take you with them rather than let you save them.

that anything like stupidity?

DoubleJ wrote:

Wildscar wrote:I will just add that its not like the old days where you could just beat the crap out of one another and then go have a beer and be best buds after that. Some where along the line honor and dignity have been replaced with cowardice and stupidism. Now a days they would be happy to take you with them rather than let you save them.

that anything like stupidity?

If you want to call it that. I like my made up word better though.

Stupidice?

Ranks up there with doofi.

Anygun