civil liability of good samaritans and volunteers - Law Reform ...

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REPORTCIVIL LIABILITY OFGOOD SAMARITANSAND VOLUNTEERS(LRC 93 – 2009)© COPYRIGHT<strong>Law</strong> <strong>Reform</strong> CommissionFIRST PUBLISHEDMay 2009ISSN 1393-3132
Page 1: ReportCivil liabilityof goodsamarit
Page 5 and 6: MEMBERSHIPThe Law Reform Commission
Page 7 and 8: ADMINISTRATION STAFFHead of Adminis
Page 9 and 10: ACKNOWLEDGEMENTSThe Commission woul
Page 11 and 12: CHAPTER 3 DUTY OF CARE AND STANDARD
Page 13 and 14: TABLE OF LEGISLATIONAlabama CodeArk
Page 15: Volunteers Liability Act 1988Washin
Page 18 and 19: Depue v Flateau 100 Minn 299 USADon
Page 20 and 21: Smith v Lears (1945) 70 CLR 256 Aus
Page 22 and 23: provide an exemption from civil lia
Page 25 and 26: 1CHAPTER 1BACKGROUND AND POLICY SET
Page 27 and 28: volunteers would not have been able
Page 29 and 30: een incorporated into the 2008 FETA
Page 31 and 32: As to general practitioners (GPs),
Page 33 and 34: 2009, a 102% increase in volunteers
Page 35 and 36: 1.29 The Government‟s ongoing com
Page 37 and 38: 2CHAPTER 2A DUTY TO INTERVENE AND R
Page 39 and 40: 2.06 In determining whether the mor
Page 41 and 42: passing over and using this land an
Page 43 and 44: „duty‟ stage of the trial that
Page 45 and 46: Yacht Co. Ltd. 33 Lord Diplock stat
Page 47 and 48: termination of an existing special
Page 49 and 50: ambit of the danger that it exists.
Page 51 and 52: the emergency services, giving the
Page 53 and 54:
eferring to Lowns v Woods reasserte
Page 55 and 56:
manner towards employees. 90 Sectio
Page 57 and 58:
2.55 The issue of whether to impose
Page 59 and 60:
intervene had a great deal of weigh
Page 61 and 62:
of the risk is thus the crucial fac
Page 63 and 64:
manner, as when imposing duties on
Page 65 and 66:
tortfeasor is liable to the victim
Page 67:
ease with which the bystander may i
Page 70 and 71:
such as Donoghue v Stevenson, 2 a p
Page 72 and 73:
knowledge that would be expected of
Page 74 and 75:
the court will consider it unreason
Page 76 and 77:
standards in pre-hospital emergency
Page 78 and 79:
outcome upon intervention. 34 Given
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it is coupled with the dependence o
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level or lack of skill. In analysin
Page 84 and 85:
organisation. Like the Good Samarit
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egard to that type of intervention.
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However, where the particular volun
Page 90 and 91:
immunity. 48 Regarding fire fighter
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(a)Proximity3.70 The Commission not
Page 94 and 95:
Commission considers that a “volu
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ased on the fact that it has the ca
Page 98 and 99:
(h)Is it “Just and Reasonable”
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the law will expect no more of the
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voluntary organisations should ensu
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well as general members of the publ
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volunteering activities. Thus, a Go
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indemnify the organisation in the e
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statutes go so far as to extend pro
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to provide first aid in a standard
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clearly states that protection is t
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more of the healing arts.” 60 The
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most statutes grant immunity for ac
Page 120 and 121:
circumstances of emergency. 91 It a
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accident. 101 The term “Good Sama
Page 124 and 125:
disease or death was caused by the
Page 126 and 127:
account the general policy setting
Page 128 and 129:
individuals alone and not organisat
Page 130 and 131:
including first-aid and the use of
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Commission considers that the issue
Page 134 and 135:
their services. To ensure that the
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a) The individual was, by ordinary
Page 138 and 139:
duties that would otherwise apply,
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defibrillators) is given by a Good
Page 142 and 143:
Charities Act 2009Civil Defence Act
Page 144 and 145:
DRAFT CIVIL LIABILITY (GOOD SAMARIT
Page 146 and 147:
(2) The circumstances are that the
Page 149:
The Law Reform Commission is an ind
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