this post was submitted on 18 Jun 2023
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Would pulling the switch be a felony? Would not pulling the switch be one? Would a preservation-of-life defense hold any water?

Are there any notable cases about this?

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[โ€“] [email protected] 1 points 1 year ago (2 children)

Nope. Not if you have any heart at all at least. The us has good samaritan laws in all 50 states, with minor variation. Sure, it's technically possible you might be opening yourself to legal consequences if you help out, but the law as written protects you from being sued for it unless you do something incredibly fucking dumb. (moving a man with a broken spine out of a car is bad, unless the car is on fire).

In china, the opposite is true; everything you do other than inaction can very easily open you up to legal consequences. This is why you can see someone who drove an elderly couple to the er get sued by that couple, or a baby get run over by a truck with a good dozen people walking past without helping (same website).

There is the vague chance in the usa that helping might get you in trouble, but it is most certainly not the best choice to walk past them if something obviously bad that you can help with is going on.

[โ€“] [email protected] 1 points 1 year ago

Yes, but I mean the trolly problem specifically. You are specifically changing a trains path to run over a person. I just doubt you would avoid some problem with intentionally killing someone even to try and save others.

[โ€“] [email protected] 0 points 1 year ago (1 children)

Wow, I never knew China was messed up like that. The article you cite is a little old now (2011) do you know if there has been an update to it in the last few years? I would look myself but I have no idea what I would be searching for!

[โ€“] [email protected] 1 points 1 year ago

From what I have heard, China has gotten their own version of good Samaratan laws since then however Chinese citizens aren't used to having those laws yet so things haven't really changed even with the new laws on the books.