Good Samaritan Liability
Good Samaritan Liability
The family of a South New Jersey man who was killed outside of a Wawa filed a civil lawsuit early this month in federal court in New Jersey. Keith Briscoe, of Waterford New Jersey, died last year in a scuffle involving police officers and civilian "good Samaritans," who allegedly tried to detain Briscoe outside of a Berlin Borough convenience store. Briscoe's survivors seek to recover more than $25 million in damages.
According to reports, Briscoe visited the convenience store three mornings a week. On the morning of his death, Officer Sean Richards approached Briscoe, who was standing in front of the store smoking and drinking a beverage he apparently purchased inside the store. Richards allegedly asked Briscoe to leave, and Briscoe refused. Richards then offered Briscoe a ride, and Briscoe again refused.
According to the lawsuit, Richards then attempted to arrest Briscoe, who resisted. At this point, the store's manager, two patrons, and other officers in the area attempted to help Richards detain Briscoe, allegedly "exert[ing] their knees into Briscoe's back, head, shoulder arms and legs." According to the lawsuit, Briscoe sustained fractured ribs, head trauma, abrasions and eventually died from the injuries inflicted during his arrest. Briscoe's cause of death was traumatic asphyxia and officials have ruled his death a homicide. Officer Richards plead guilty to simple assault and may no longer work as a police officer.
The lawsuit names local officers, administrators, the Wawa manager and two of the store's patrons. The lawsuit has brought to attention New Jersey's Good Samaritan laws, which protect persons who render assistance in emergency situations. Such laws are designed to encourage and protect people who help others in an emergency, outside of a formal or hospital setting, from being sued. The statute does not protect the civilian defendants in this case, because New Jersey's Good Samaritan laws, like the laws in many other states, protect medical professionals only, and not members of the general public. In addition, those who seek protection under the Good Samaritan statutes must have acted reasonably and carefully under the circumstances. The Briscoe lawsuit alleges the actions of all defendants were neither reasonable nor careful, and were in fact reckless and excessive.
The lawsuit also calls into question when citizens should act as "good Samaritans" in assisting the police. In a similar matter, four civilians in Baltimore were charged criminally for failure to assist a police officer who was struggling with a suspect. The civilians were apparently ordered by officers hovering in a police helicopter above them to assist the officer. The employees successfully sued the city alleging they could have been injured or killed had they gotten involved. The criminal statute the civilians were charged under was found to be outdated, especially in light of the developments in weapons used by criminals. Civil liability for citizens that help officers on their own volition is ripe for legal debate, especially in light of the Briscoe family's lawsuit. Learn more about ways to lose weight at Waystoloseweightonline.com Online Ceus Lcsw Use For Timely License Renewal Talking About Your Wedding at Work ! Personal Financial Planning Ideas Apply Online For Fresher Jobs In India Tips On Buying A Bunk Bed A Calming Experience on the Beautiful Beaches of Port Aransas by:Victor Komaleng Getting The Best Deals On Trucking Insurance FAMILY LAWYER MANLY Style, Glamour And Flare At The Bangkok International Fashion Fair Phases of Web Design Process Control Your Kids Sweets Cravings With Sugar Free Candy How To Get Cheap Insurance Meant For New Drivers