The other day in Criminal Law, we were discussing the "Duty to Aid the Endangered Act" from Vermont. From my textbook, "Criminal Law: Concepts and Practice 2nd Edition" by Podgor, et. al., Vermont Statute Annotated title 12, § 519(1) (2004) states:
A person who knows that another is exposed to grave physical harm shall, to the extent that the same can be rendered without danger or peril to himself or without interference with important duties owed to others, give reasonable assistance to the exposed person unless that assistance or care is being provided by others.
Without overly analyzing or explain the statute, I'm sure any reasonable person can read that to mean that if you see someone who needs help, you have a duty to offer that help unless in doing so you will be placed in harm's way. The class goes into a discussion about the act, and a classmate raises her hand state that she is a trained first responder, and because of it she had the duty to help, blah blah blah.
We continued to speak about other situations where someone would be required to assist, such as a lifeguard. As a lifeguard, one is trained to offer assistance in order to save that person's life. My classmate then raised her hand to offer her "two cents" in attempt to apply the statute.
Well, based on this statute, the lifeguard has a duty to help unless the lifeguard will be placed in harms way. Since there is a possibility that the lifeguard could drown trying to save the life of the one in danger. If I was a lifeguard and I saw someone who was drowning and I thought there would be a chance I would drown too, I wouldn't go out there.
And you call yourself a first-responder? Nice one, bitch.
I have a personal issue with her statement on many angles. First off, not only would I call her a coward for not wanting to go out there to save someone's life, but I can also think of a few other choice names to describe her, especially since she seemingly has admitted openly that her life is more important than that of another. I'm already thinking I wouldn't want to trust
this first responder with my life or the life of any of my loved ones. I hope to God that no other first-responder has that mentality because a lot of lives would be lost. As a
non-active Marine (since there is no such thing is a
former Marine), I can care less about whatever danger is out there if it means that I could save the life of someone else. I can care less about being a hero, but I do care about helping to protect the life of someone else. If my loved one is in a burning house, I will make every attempt to run in there and pull them out. If someone is pointing a gun at my significant other, I would stand in between her and the gun. Maybe it's just that Marine mentality, but I would hope that its just human nature.
The example and her response struck a bigger nerve with me as well. Today, February 4th, would be the 25th birthday of a good friend of mine, had she not passed in the summer of 1997. Long story short - she drowned. No, a lifeguard did not fail to do his/her job to result in her drowning, but the idea is close enough. Had my dear friend been in a public location where a lifeguard was present, she may be alive today. So, you can imagine the thoughts running through my head during class, ready to just lose my cool and snap. A lifeguard has tools and training that would assist him/her in saving someone's live without putting his/her own in danger, so for my classmate to say that she wouldn't act if her life were to be in danger in the process is appalling to say the least.
To any first-responder that reads this and is one for the RIGHT reasons, thank you for doing what you do. I do know that one person does not represent the whole, but it does only take one to tarnish the image of the mass.
Because I'm only a first year law student, I can't say much about the intent behind Vt. Stat. Ann. tit. 12, § 519(1), nor do I know how the Vermont courts have upheld or interpreted that law. I only quoted it because it's part of what happened, not to criticize it.
I do wish my friend were still alove today, but I do know that she still lives in the memories of all of those that love her. For a while, I felt a lack of closure because I never got a chance to really say goodbye to her and because I did not attend her funeral. It is a little comforting to know that she still lives in my heart, and that she looks over me from Heaven. May she rest in peace.
Chatboard (0)