Woman suing man who pulled her from a car accident.
Help @ your own risk
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Help @ your own risk
Woman suing man who pulled her from a car accident.Originally posted by VP Richard M. NixonI 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.
Thanks, dookies!Tags: None -
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.
Knight165All gave some. Some gave all. 343 -
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
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Re: Help @ your own risk
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
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Re: Help @ your own risk
He was trying to save her and he's going to get sued. This is sad.My latest project - Madden 12 http://www.operationsports.com/forum...post2043231648Comment
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Re: Help @ your own risk
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?
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Re: Help @ your own risk
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
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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
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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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Re: Help @ your own risk
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
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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.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 CardinalsComment
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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?Fan of....
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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.My latest project - Madden 12 http://www.operationsports.com/forum...post2043231648Comment
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