Anonymous
Anonymous asked in 政治及管治法律及道德 · 1 decade ago

handicapped

My brother is 59 years old, who is on wheel chair, left side paraylaized because of

stroke back to 5 years ago. He lives alone by himself in a house. I used to visit him

twice a week. Will I be involved into legal trouble, such as neglience, if anything bad happened to him because no-one is accompanying him?

Update:

He rejects anyone taking care of him nor living in a senior home. Anyway, he can

manage his daily basic needs using one hand. I used to deliver the meals every other

2 days and bring him to restaurant once a week.

Update 2:

Replying in Chinese or English is welcomed.

2 Answers

Rating
  • 1 decade ago
    Favorite Answer

    It is possible that you are legally liable for your omission in some case.

    In an old English case, R v. Stone and Dobinson [1977], where a duty of care is assumed even there is no formal agreement. A man, say A, got a similar situation with you who used to take care of an disabled person, say B. B was not able to take care of himself and relied on others to delivery meals and requred medical check regularly. A did not carried out reasonable care on B by seeking for medical help when B was in need. Finally B died for that. A was convicted of manslaughter, appeal rejected.

    In this situation, you are required to performan a reasonable care on you brother. It does not mean that you are absolutely responsible for every injury your brother suffers. All you are liable is those which arising from your negligent omission. Say, you leave him alone when you found out that he is is coma.

  • Patty
    Lv 6
    1 decade ago

    No, you will not be responsible legally. But, who is looking after him daily? You should contact Social Service Department, they will provide suitable services for him. On the other hand you may put him in some home, therfeore he will be took care by somebody daily, and in case of something happen, you will be notified.

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