Legal Encounters

Legal Encounter Extra Credit Assignment

Legal Encounter 1

Good Samaritan laws are put in place to protect individuals who render emergency care at the scene of an emergency. This law may also apply to Byron who without medical training attempted to act in good faith of Peter; who may have died without intervention or treatment (Ellis-Christensen: Wise Geek.com 2003-2009 Para4). The Good Samaritan law states that, “In an emergency, it is most important to only act when someone more qualified than one’s self is not present (Ellis-Christensen: Wise Geek.com 2003-2009 Para4).”

In this case Larry the Lifeguard, who was trained in CPR, would have saved Peter’s life without exposing him to brain damage had he performed CPR instead of Byron. According to the Good Samaritan law if a professional is present, an individual, even when acting in good faith, should not attempt to proceed with medical attention. Byron could risk being sued if the courts found him guilty of negligence.

Peter could possibly try entering a lawsuit against Larry for not providing medical attention (CPR) as a professional. However, Larry could argue that he was in no shape to perform CPR after diving in the water and rescuing Peter. Peter being tired or lethargic could affect his rescuing efforts which increase the chance of negligence. The moral of the story is, “Good Samaritan laws do not always protect people against reckless behavior during an emergency even if one’s intentions are of good faith (Ellis-Christensen: Wise Geek.com 2003-2009 Para7).”

Legal Encounter 2

Bill does have the right to enter a civil suit against Amar for damages, emotional distress and post traumatic stress disorder, as a result of assault and trespass in relation to the incident when he was shot while invading Amar’s home (Taylor, Mail Online 2009 Para10). Because Bill was wounded he is considered to be a victim of a serious crime. In fact, Amar could be jailed for staging the shooting of a...