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criminal tresspassing

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J

James l mullen

Guest
What is the name of your state? pa. is there any law thats gives you the right to break someones door down if you think they are being hurt are they need help
 


S

sdstrooper

Guest
No. I'm all for being a "good samaritan", but if you do break a door down, you had better DAMN be sure there is something life threatening going on unless you want to be in jail and possibly sued.
 

I AM ALWAYS LIABLE

Senior Member
James l mullen said:
What is the name of your state? pa. is there any law thats gives you the right to break someones door down if you think they are being hurt are they need help


My response:

Pennsylvania "Good Samaritan" Law - -

§8332. Nonmedical good Samaritan civil immunity.

"(a) General rule.--Any person who renders emergency care, first aid or rescue at the scene of an emergency, or moves the person receiving such care, first aid and rescue to a hospital or other place of medical care, shall not be liable to such person for any civil damages as a result of any acts or omissions in rendering the emergency care, first aid or rescue, or moving the person receiving the same to a hospital or other place of medical care, except any acts or omissions intentionally designed to harm or any grossly negligent acts or omissions which result in harm to the person receiving the emergency care, first aid or rescue or being moved to a hospital or other place of medical care.

(b) Exceptions - -

(1) This section shall not relieve a driver of an ambulance or other emergency or rescue vehicle from liability arising from operation or use of such vehicle.

(2) In order for any person to receive the benefit of the exemption from civil liability provided for in subsection (a), he shall be, at the time of rendering the emergency care, first aid or rescue or moving the person receiving emergency care, first aid or rescue to a hospital or other place of medical care, the holder of a current certificate evidencing the successful completion of a course in first aid, advanced life saving or basic life support sponsored by the American National Red Cross or the American Heart Association or an equivalent course of instruction approved by the Department of Health in consultation with a technical committee of the Pennsylvania Emergency Health Services Council and must be performing techniques and employing procedures consistent with the nature and level of the training for which the certificate has been issued."


My Conclusion:
Unless a person meets the standards of subsection (b)(2), civil liability will attach. So, unless you are "the holder of a current certificate evidencing the successful completion of a course in first aid, etc.", then you're "on the hook". You can only call the police, or other authority, and while waiting, you must listen and watch as the victim dies.

IAAL
 

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