“The West?" At least in Germany, it’s a bit different.
If someone is drowning and you do nothing, you are indeed legally liable under § 323c StGB (unterlassene Hilfeleistung), unless you genuinely cannot help (e.g., you can’t swim or would endanger yourself). Simply walking away is not a safe strategy in such a situation.
And if you try to help, but the person dies or gets injured, you are not automatically liable. German law protects good-faith rescuers: you can only be held responsible if you act with gross negligence. That’s why, in Germany, we’re taught from school onward that it’s always okay to help, you won’t be punished for trying.
So, in Germany, the safest move is not to walk away, but to act reasonably and in good faith.
This is not a human universal. Continental Civil Law systems (France, Germany) criminalize failure to rescue—you can face imprisonment for not helping when you could do so without risk. Islamic law’s Fard Kifaya creates communal duty: if no one rescues the drowning, the entire community is considered sinful. These traditions recognize that the bystander is not merely an observer but a citizen with affirmative duties.
Interesting article. I would be interested in the counter arguments.
“The West?" At least in Germany, it’s a bit different.
If someone is drowning and you do nothing, you are indeed legally liable under § 323c StGB (unterlassene Hilfeleistung), unless you genuinely cannot help (e.g., you can’t swim or would endanger yourself). Simply walking away is not a safe strategy in such a situation.
And if you try to help, but the person dies or gets injured, you are not automatically liable. German law protects good-faith rescuers: you can only be held responsible if you act with gross negligence. That’s why, in Germany, we’re taught from school onward that it’s always okay to help, you won’t be punished for trying.
So, in Germany, the safest move is not to walk away, but to act reasonably and in good faith.
The article seems to capture that to some degree:
Interesting article. I would be interested in the counter arguments.