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Acts & Omissions in Tort Law

Good Samaritan Law

"Good Samaritan Laws" also pose an interesting aspect to the laws governing acts and omissions. According to these types of laws, individuals are accountable in terms of assisting others during an emergency despite the lack of any relation whatsoever. Failure to act means guilt on the part of that individual, however. In addition, failure to act due to emotional difficulty or an injury as a result of provided assistance may lead to a guilty judgment upon the defendant.

In terms of federal legislature concerning such situations, the United States iterates that, while seeking damages or compensation, the individual or plaintiff must exhibit the injury was a direct result of the negligence of another, where the defendant would be "liable" to the plaintiff according to the law of the location where the "act" or "omission" took place. Prior to any claim being filed under the "Federal Tort Claims Act," however, the claim must be shown to the entity in which the plaintiff is claiming the act or omission stemmed from.

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