Legal Question in Federal Tort Claims in Mexico

Liability garnered by rendering medical aid in Mexico

An armed US Immigration Inspector (not a law enforcement officer by definition) leaves his inspection booth and travels into Mexico to render medical aid to a person in a vehicle on the Mexican side of the border.

Is inspector covered by some ''good samaritan'' statute under Mexican Law?

Is inspector covered under some federal statute or even some California statute?

Did inspector have a duty to render medical aid?


Asked on 9/21/02, 6:31 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Liability garnered by rendering medical aid in Mexico

Mexico has no "good samaritan" statute as we understand it. The Mexican civil justice system will ordinarily not impose liability on one who renders aid to another clearly in trouble, even though that aid may fall short of that which trained medical personnel could provide.

Once a person leaves the perimeter boundaries of the United States, the state and federal laws of this country have no application. They stop at the border; they do not follow individuals across it.

The inspector had no legal responsibility to take the action he took and, in fact, it was probably discouraged if not prohibited by the duties of his office. As an aside, taking a firearm from the US into Mexico is a definite violation of Mexican law, no matter who does it. Foreign Law enforcement is not granted an exception under Mexican law.

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Answered on 9/22/02, 9:45 am


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