[1245] in bugtraq

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Re: bug-testing identd NOT available here

daemon@ATHENA.MIT.EDU (Jim Thompson)
Mon Mar 13 22:49:17 1995

From: Jim Thompson <jim@Tadpole.COM>
Date: Sun, 12 Mar 1995 22:49:16 -0600
To: harker@harker.com
Cc: bugtraq@fc.net, firewalls@GreatCircle.COM

> An example of how this might be applied is that if I see a person bleeding
> to death and walk on by, I can not be held liable or negligent if the person
> dies.  But if I stop and provide aid, but do not apply everything I learned
> about first aid 20 years ago, and the person dies, then the victim's family
> can sue me for negligence in the victim's death.  They may not win in court,
> but the court would find that the suit has merit and would proceed with it.

Many states, (all 50, I think), have what is termed a 'Good Samaratin'
law, whereby one can't be sued for ngligence for this type of scenerio.

If you're a doctor, EMT, etc, you don't fall under the law.  Because of
your training, you will be held to a higher standard.

A "Good Samaratin" who elects to perform on-site brain-surgery without
the training needed can still be sued though.

I'm not a lawyer either.  (Though I live with two 3rd-year law students,
which is a legal education unto itself), but I used to be an EMT.

Given the state of the legal system when applied to 'cyberspace' (for
lack of a better word), there is good reason to be afraid anyway.

Jim


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