About a law in France > In English, if there was such a law, it could be called “The Good Samaritan Law”
It's called "non-assistance à personne en danger" or "abstention volontaire de porter assistance à une personne en péril" It is Art. 223-6 of the French Penal code. Here it is in French : Quiconque pouvant empêcher par son action immédiate, sans risque pour lui ou pour les tiers, soit un crime, soit un délit contre l'intégrité corporelle de la personne s'abstient volontairement de le faire est puni de cinq ans d'emprisonnement et de 75 000 euros d'amende. Sera puni des mêmes peines quiconque s'abstient volontairement de porter à une personne en péril l'assistance que, sans risque pour lui ou pour les tiers, il pouvait lui prêter soit par son action personnelle, soit en provoquant un secours.
And in English :
Whoever could prevent, by their immediate action, and with no risk for themselves or others, either a crime or a mister-meaner against the physical integrity of another person and who voluntarily does not intervene can be punished by up to 5 years imprisonment and 75 000 euros in fines. Any person who voluntarily does not help a person in danger, with no risk to themselves or others, either by their own individual action or by provoking the required help, will be punished equally. This law can be invoked if the following criteria are met and can be proved : It must be about physical danger to a person The person at fault is fully aware of the danger It is possible for them to react / do something (eg: intervene themselves or call for help) The action presents no danger for themselves or anybody else.
It is a pity that there should be a need to make a law obliging people to help another person when there is no risk to themselves or others. I'm not saying that it is wrong it is just a sad reflection on society, and not just France, that there should be a need for the law.
And a point to add to this is that when you stop at an accident, you must park in front of the accident not behind and you must remove all other occupants of your own car to safety first. Just done the PSC level 1!
Good posting Roger, yes i'm more than aware of it and always stop at accidents even when others are there and ask if they need help - they usually don't as things are underway but it means that I've done my bit by checking that someone has already phoned the pompiers or police. The odd time that I've explained this law to brits they've been astonished to the extent that some haven't believed me (including family)!
I think all countries should have a similar law/obligation, after all that's what living in society is all about, or should be!
I am wondering if this can help me. My son was doing his Stage on a farm where he was asked to take a quad bike with no helmet. He made 2 trips there and back to the farm as a cow was dying. On the final trip he came off the bike and split his head open. 10 staples, road burn on his arm and back. No acceptance from the farm it was their duty of care to insist a 16 year old boy wears a helmet. Yesterday 2.5 yrs later i received a cheque for €180 for damage to his clothes. This has been wirh the Antenne de Justice for 2 years to represent us and they have had this check since November
The farm was negligent and I dont know where to go now?
It can’t, because it deals with an entirely different situation.
Sorry. I hope your son has made a good recovery.
You/your son have been compensated for clothing and had medical treatment (I assume) provided by the state. What else are you thinking might be done?
If you’re American (my assumption from your use of “check”), you might want to bear in mind that US (and UK) law on personal injury and tort in general is very different to French law.
Isn’t it whoever organised his Stage who might have been negligent for not ensuring that the Stage would be carried out safely? If completely on private land a helmet is not obligatory
Is there no “health and safety at work” equivalent in France? I never studied the international cert as work was in the UK but under the international IOSH they were trying to place minimum standards throughout. That would make the employer liable for their duty of care to employees or the public who entered the premises.
Clever but only partially true, the employer has a duty of care as previously stated. The employee has a duty to uphold the rules and to safeguard others which means not knowingly interfering with others health and safety by removing safety equipment or acting in a dangerous or irresponsible manor. In the case of a 16 year old they are not like to turn around and refuse to ride a quad bike without a helmet.
Hi
Thanks for your comment. I am British and we reside in France. He has made a recovery thank you, but it was a serious head injury so who knows what in the future…
I am looking for an apology and acceptance from the farm that they were negligent whilst my son was in their care. He had worked since 5am, then at 4pm they asked him to take a quad. A young tired boy on a quad stressed with a calf dying with no head protection and on the road where he had the accident. Surely they have a duty of care whilst he is employed by them…
Thanks
The Gandarmes reported it to the Procureur, hence the Justice getting involved.
But they seem to have focused on the material cost of his clothing and nothing to do with the negligence of the farm and their actions
If they didn’t apologise and admit fault at the time, I doubt they will do so now, unfortunately. There is a facebook group called Strictly Legal - France where you might find some more advice.
I hope your son’s experience hasn’t put him off farming as a career (if he was at work at 5am, he’s a real bosseur!).
Your son was at school, and they organised this stage? So in a similar way to school trips aren’t they responsible for ensuring the welfare of their students? And they will presumably have insurance for this?
I went to the school and reported itm but they said the Farm signs a document to say they take full responsibility.
I did instruct a lawyer when it first happened but that was expensive and taking soooo long. However I have found an email where he states that the farm wanted to settle outside of court and then the Antenne du Justice got involved so I did nothing.
I am writing back to the Antenne du Justice to make them fully aware of this as I naievley thought they would look deeper
As you are British, I would contact IOSH in the UK and ask for their opposite number in France and pick the matter up with them but also the farms insurers. It could be that injuries are not reconised the same way as the UK yet. Glad to hear he is ok now and able to continue his work, otherwise it would be a claim for future loss of income as well.