Massachusetts  |  Personal Injury

In Massachusetts, as in most states, the law does not require a mere passerby to take action to save or help someone in distress, unless you somehow contributed to causing that distress in the first place, or unless you had some pre-existing "special relationship" with that person that creates some duty to protect them. Of course, that says nothing about whether you could live with yourself if you don't try and the person ends up drowning.

I agree with Attorney Turgeons answer which is the current law in Massachusetts.

MA does not have a good samartian law as to persons who are not physicians and EMT's, so unless you are one of those the answer would appear to be you could walk by. In Vermont the answer would appear to be different. To the extent you are interested there are a good number of legal articles written on this subject. Please remember if you were to start to try to help the person, and then did not follow through or quit when it became difficult, you might have discouraged other people from helping and you will likely be held to have a duty of care. An interesting question is what happens if you did not actually attempt to help the person but someone says you did. You would be in for a jury trial. That is why you might want to make sure you have Homeowner's coverage. Regards, JBS