In what jurisdictions is there a “duty to assist“ others in distress?

Question

Apparently in the U.S. there is no duty to assist others, no matter how grave their plight.

In what jurisdictions is this not the case?

Answer 1

united-states

Vermont has a general duty to assist others. At least nine other U.S. states have such a duty only in specific circumstances, and almost all U.S. states have some duties to assist in specific circumstances that were recognized at common law.

There is a comparative survey of the laws of U.S. states (without a great deal of detail) and various countries available at Wikipedia which also summarizes some of the main common law duties to assist in particular circumstances. This article also notes the special duties of ships at sea to assist each other under the U.N. Convention on the Law of the Sea and under customary international law.

Answer 2

germany

§323g STGB requires assistance in case of accidents or generic danger, but this is qualified by being reasonable in view of the conditions, notably self-protection and other legal obligations one cannot ignore.

For practical purposes, the requirement can be fulfilled by phoning the emergency services from the next safe place. Precedents were set before mobile phones became common, the usual example is a motorist stopping at the next open, lighted gas station and asking for a phone. And the other obligation would cover e.g. a pedestrian with a toddler along (who can't be left alone while the adult helps).

Answer 3

From an in a publication called The Log -

In the United States, federal law (46 USCS sec. 2304) requires the master of any vessel subject to U.S. jurisdiction to “render assistance to any individual found at sea in danger of being lost,” so long as the assistance can be rendered without endangering the rescuing vessel or individuals on board. This law is a part of an international treaty (the International Convention on Salvage, 1989) which extends the obligation to mariners throughout the world.

California has a similar maritime assistance statute, (Harbors and Navigation Cod sec. 656), which requires “the operator of a vessel involved in a collision, accident, or other casualty” to render assistance, so long as the operator “can do so without serious danger to his or her own vessel, crew, and passengers.” A careful comparison between these laws reveals a different approach between California and federal law. The California statute imposes the obligation on a vessel operator “involved” in an incident, whereas the federal and international provisions apply to all vessel operators.

Answer 4

Australia

australia, with the exception of the northern-territory, has no general duty to assist.

All jurisdictions have Good Samaritan laws that shield those who do assist from liability - no bystander or volunteer has ever been successfully sued for negligently rendered assistance.

Answer 5

law-of-the-sea

Duty to render assistance, Article 98, United Nations Convention on the Law of the Sea (UNCLOS):

1. Every State shall require the master of a ship flying its flag, in so far as he can do so without serious danger to the ship, the crew or the passengers:

(a) to render assistance to any person found at sea in danger of being lost;

(b) to proceed with all possible speed to the rescue of persons in distress, if informed of their need of assistance, in so far as such action may reasonably be expected of him;

(c) after a collision, to render assistance to the other ship, its crew and its passengers and, where possible, to inform the other ship of the name of his own ship, its port of registry and the nearest port at which it will call.

2. Every coastal State shall promote the establishment, operation and maintenance of an adequate and effective search and rescue service regarding safety on and over the sea and, where circumstances so require, by way of mutual regional arrangements cooperate with neighbouring States for this purpose.