The bystander rule states that there is no need for action on the part of the by

Question

The bystander rule states that there is no need for action on the part of the bystander to come in aid of the victim and he or sheis not bound by any leagl duty to do the same. The bystander rule is a common law.

Since the state of Connecticut is a bystander rule state , then by common law you are exempt from doing personally or asking one of your employees to try the Heimlich maneuver on the choking victim.But nevertheless on humanitarian grounds, you can ask for a doctor or send for a doctor or call for help immediately, etc

Public policy may state otherwise: It may state that the establsihment has a responsibility of aiding the victim by quick response, etc but the common law will still hold good. The establishment can own a part of the responsibility by putting up signs on the wall depicting the heimlich maneuver and other tips so that clientele are aware of the steps in rescuing a victim if necessary, keep atleast one trained staff member on shift for emergencies and post emergency phone numbers visibly in the premises so that help comes faster.

I hope this helps. Since there might be a lot more discussed during class in terms of bystander rule, you can incorporate those points also in your answer.

Explanation / Answer

You are an owner of a very profitable restaurant chain in Connecticut. In your flagship restaurant site in Stamford, one of you customers choke on a grilled salmon plate dressed with olive-oil based dressings. For purposes of this particular essay question, assume that Connecticut is a bystander rule state, very similar to that of Vermont and Massachusetts as discussed in class and in the textbook. Should you require restaurant employees to know and employ the Heimlich maneuver to assist a chocking victim? Wary of the possibility of negligent action, if they do a bad job in assisting the client, they could cause additional injury thus risking a public lawsuit. Given this, should you permit them to do nothing at all regarding chocking victims? Could there be a compromise position if there was threatened litigation in the Connecticut Superior Court? What about public policy? How would your business undertake the question of responsibility within the framework of the bystander rule?

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