Help @ your own risk

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  • J0nnD0ugh
    Hall Of Fame
    • Feb 2003
    • 16602

    #1

    Help @ your own risk



    Woman suing man who pulled her from a car accident.
    Originally posted by VP Richard M. Nixon
    I always remember that whatever I have done in the past, or may do in the future, Duke University is responsible one way or the other.
    -August 17, 1960
    Thanks, dookies!
  • Knight165
    *ll St*r
    • Feb 2003
    • 24964

    #2
    Re: Help @ your own risk

    I don't ever want to hear a judge in Cali complain of frivolous lawsuits.
    To allow a case against a Good Samaritan is not only reprehensible IMO....but might have some seriously negative repercussions.
    Only certified emergency workers are bound to stop and help and cannot leave a scene until someone of at least equal if not higher training arrives on the scene.
    Civilians can just keep on going if they wish. There is no abandonment as far as the law is concerned. While I would like to think that most people will stop and help regardless.......if I was a civilian, the first question I'd ask after I told the person(if they were conscious obviously) that I was not trained in emergency medical procedures is...." Are you asking for my help?"
    If I lived in Cali(BLECH!).....I'd make sure I didn't get hurt on a remote road somewhere....you may not get help any longer until the uniforms arrive.

    M.K.
    Knight165
    All gave some. Some gave all. 343

    Comment

    • Scottdau
      Banned
      • Feb 2003
      • 32580

      #3
      Re: Help @ your own risk

      I don't know. If it is really a life and death thing then sure. But if the car was not on fire and he pulls her out. I think you should wait. They say they thought the car was going to blow up. It is a tough thing all around now. I know I will have second thoughts before I act on something. I have a family to protect.

      Comment

      • LL-Cool-P
        #86
        • Apr 2008
        • 1101

        #4
        Re: Help @ your own risk

        She may be paralyzed but she's alive.

        Not fair to sue the guy that helped her out lets be honest.

        - Back like I never left -



        Comment

        • Scottdau
          Banned
          • Feb 2003
          • 32580

          #5
          Re: Help @ your own risk

          Originally posted by LL-Cool-P
          She may be paralyzed but she's alive.

          Not fair to sue the guy that helped her out lets be honest.
          If the car was going to blow up then I don't know. They said they were scared and thought it would blow up. I don't know if it did? It is just tough no matter how you look at it. I know unless it is a real dangerous they tell you to leave them there and not to move them. I think you have to be careful too.

          Comment

          • RAZRr1275
            All Star
            • Sep 2007
            • 9918

            #6
            Re: Help @ your own risk

            He was trying to save her and he's going to get sued. This is sad.
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            Comment

            • LL-Cool-P
              #86
              • Apr 2008
              • 1101

              #7
              Re: Help @ your own risk

              Originally posted by Scottdau
              If the car was going to blow up then I don't know. They said they were scared and thought it would blow up. I don't know if it did? It is just tough no matter how you look at it. I know unless it is a real dangerous they tell you to leave them there and not to move them. I think you have to be careful too.

              Yeah but it's a split second decision you have to make.

              Man, it's a real tough thing to decide. I'm undecided about what's the best thing to do in that situation but to sue somebody who tried their utmost within their power to help you is just wrong.

              So what if Fire & Rescue get there, get her out in the same manner and then she ends up paralyzed? Does she sue the trained pro who rescued her?

              - Back like I never left -



              Comment

              • keRplunK
                MVP
                • Jul 2002
                • 4080

                #8
                Re: Help @ your own risk

                Tough situation, I don't think there is a clear cut answer.

                Comment

                • keRplunK
                  MVP
                  • Jul 2002
                  • 4080

                  #9
                  Re: Help @ your own risk

                  Originally posted by LL-Cool-P
                  So what if Fire & Rescue get there, get her out in the same manner and then she ends up paralyzed? Does she sue the trained pro who rescued her?
                  I would say it depends, if they mess up (what I mean is, if they act negligent, judged by reasonable standard), then yes. That is why we have professionals who are trained in doing specific things. If Fire & Rescue show up and do everything correctly and she ends up paralyzed then she wouldn't get anything.

                  If you went in for a surgery and your doctor screws up (and it's determined to be negligent conduct compared to the treatment you'd expect from another doctor) then you don't just say "well he was trying to help, no harm no foul."

                  Comment

                  • MassNole
                    Banned
                    • Mar 2006
                    • 18848

                    #10
                    Re: Help @ your own risk

                    If you are negligent when helping someone in a situation like this, you can be sued for the damage you cause. As far as we know his negligence turned a bad situation even worse. This has been the law for a while to the best of my knowledge, at least since I took Torts as a 1L and was covered a lot during Barbri courses as it is a common trick on the Multistate. I know this isn't common knowledge, but this was the California court system catching up with lots of other states.

                    Similarly, if your negligence causes someone to attempt to rescue you or another person, you would be responsible for the injuries to the rescuer.

                    Comment

                    • countryboy
                      Growing pains
                      • Sep 2003
                      • 52711

                      #11
                      Re: Help @ your own risk

                      How sad...

                      And people wonder why people don't help anymore.
                      I can't shave with my eyes closed, meaning each day I have to look at myself in the mirror and respect who I see.

                      I miss the old days of Operation Sports :(


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                      Comment

                      • MassNole
                        Banned
                        • Mar 2006
                        • 18848

                        #12
                        Re: Help @ your own risk

                        Originally posted by LL-Cool-P
                        So what if Fire & Rescue get there, get her out in the same manner and then she ends up paralyzed? Does she sue the trained pro who rescued her?
                        Most, if not all states have laws that absolve rescue workers from any liability, barring extremely gross negligence or an intentional tort during the rescue.

                        Comment

                        • countryboy
                          Growing pains
                          • Sep 2003
                          • 52711

                          #13
                          Re: Help @ your own risk

                          Originally posted by MassNole
                          If you are negligent when helping someone in a situation like this, you can be sued for the damage you cause. As far as we know his negligence turned a bad situation even worse. This has been the law for a while to the best of my knowledge, at least since I took Torts as a 1L and was covered a lot during Barbri courses as it is a common trick on the Multistate. I know this isn't common knowledge, but this was the California court system catching up with lots of other states.

                          Similarly, if your negligence causes someone to attempt to rescue you or another person, you would be responsible for the injuries to the rescuer.
                          So if I were to save an 80 year old man from a burning car after an accident and somehow injure him during the "rescue", then I can be sued for negligence?
                          I can't shave with my eyes closed, meaning each day I have to look at myself in the mirror and respect who I see.

                          I miss the old days of Operation Sports :(


                          Louisville Cardinals/St.Louis Cardinals

                          Comment

                          • cubsfan203
                            All Star
                            • Jun 2004
                            • 6689

                            #14
                            Re: Help @ your own risk

                            So wait, someone helps someone who is in a wreck....and the person that helped is the one getting sued?
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                            Comment

                            • RAZRr1275
                              All Star
                              • Sep 2007
                              • 9918

                              #15
                              Re: Help @ your own risk

                              Originally posted by MassNole
                              If you are negligent when helping someone in a situation like this, you can be sued for the damage you cause. As far as we know his negligence turned a bad situation even worse. This has been the law for a while to the best of my knowledge, at least since I took Torts as a 1L and was covered a lot during Barbri courses as it is a common trick on the Multistate. I know this isn't common knowledge, but this was the California court system catching up with lots of other states.

                              Similarly, if your negligence causes someone to attempt to rescue you or another person, you would be responsible for the injuries to the rescuer.
                              If I was a lawyer this is a case where I'd defend the person that was sued and challenge the law. Negligence is usually a terrible term as far as law.
                              My latest project - Madden 12 http://www.operationsports.com/forum...post2043231648

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