Question:

Can LEO's or Firefighters/EMT's be sued for failing to render aid? (see details pls)?

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Maybe "render aid" isn't the right phrase, but if a person were to tell a cop or EMT that they were abused by a spouse and the cop/EMT failed to act can they be held responsible?

I was asking because a friend told me that I should sue for the times that LEO's and firefighters failed to help me, and I didn't think they could be responsible, personally. I mean, no one else has ever helped me, why would they be any different than the organizations that are there supposedly to help?

And no, I'm not asking for help now, I'm resigned to stay and work it out, but I'm interested in whether the law can be held responsible for failing to help, especially when asked specifically. The only responses I ever got was "call a shelter", or "you should really get some help" or "you should leave".

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3 ANSWERS


  1. It depends on your state law.  In most states it is difficult or impossible to hold police responsible for failing to act.  I don't know about the EMT but I assume it is the same.  In a small minority of states, depending on the circumstances, it may be possible to sue.


  2. If you aren't willing to help yourself why should anyone else waste their time.

  3. You are asking about a very indepth area of law of which may be looked at from different perspectives. However, I'm going to say that most cases such as yours would be essentially covered under the "Good Samaritan" law.

    If these "first responders" acted in the manner of which they were taught...then it'd be difficult to sue them.

    In my own state we are dispatched frequently to domestic violence calls. We provide information on where they can seek assistance in addition to mandatory arrest procedures.

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