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Ta‘amod ‘al Dam Re‘ekha Law, 5758 -1998[1]
Enacted by the Israeli Knesset
on 28 Sivan 5758 (June 22, 1998)
Translated by David
Schonberg, Advocate
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1. (a) |
A person is obliged to proffer
assistance, when able to do so without endangering himself or his fellow, to
a person who, in close proximity, and following a sudden event, is subject to
a serious and immediate danger to his life, his person, or his health. |
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The Duty of Rescue and to Proffer Assistance |
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(b) |
If that person notifies the
authorities or calls upon another person who can proffer the required
assistance, then he shall be deemed as though he proffered assistance for the
purposes of this Law: in this Section, “authorities” – the police, the
ambulance services [Magen David Adom], and the fire-fighting services. |
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2. (a) |
The provisions of Section 5 of
the Unjust Enrichment Law, 5739-1979,[2] shall
apply, notwithstanding that the person providing the benefit acted in
accordance with his obligation under Section 1. |
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Refund of Expenses and Damages |
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(b) |
The Court may order the party
responsible for causing the danger that the rescued person was subject to,
including the rescued person himself if he caused the danger, to indemnify
the person who proffered Section 1, for reasonable costs and expenses that he
incurred. |
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3. |
Save as otherwise provided by
Section 2 (a) of this Law the provisions of this Law shall not derogate from
the provisions of any other enactment. |
Saving of Powers |
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4. |
A person in breach of the
provisions of Section 1 of this Law shall be subject to a fine. |
Penalties |
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5. |
The Minister of Justice is
charged with the implementation of this Law. |
Implementation |
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6. |
This Law shall come into force
upon the expiration of 90 days from the date of its publication [in Reshumot]. |
Commencement |
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Binyamin
Netanyahu
Prime Minister
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Tzahi Ha-Negbi Minister of Justice |
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Ezer Weizmann President of the
State
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Dan Tichon Knesset Speaker
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Source: ASSIA – Jewish Medical Ethics
Vol. IV, No. 1, February 2001, pp. 3-4