Help @ your own risk

[countryboy]

Re: Help @ your own risk

Could you be sued, yes?

Would the plaintiff win, I don't know. it would depend on the jury, I could argue it both ways.

that is completely and utterly sad.

Let me ask this, if no one else was around, same scenerio and I chose to just stand there and watch him perrish, could I be sued by the family for negligence, since I failed to help out within a reasonable manner?

[Knight165]

Re: Help @ your own risk

that is completely and utterly sad.

Let me ask this, if no one else was around, same scenerio and I chose to just stand there and watch him perrish, could I be sued by the family for negligence, since I failed to help out within a reasonable manner?

Negative...UNLESS you are trained and certified in emergency medical service or are in a state(I think Minnesota is one) that has a provision in it's Good Sam Law that compels even civilians to act during emergencies. But I'm sure someone will try and sue you anyway.
HOWEVER.....like I said earlier....ironically, California wanted to add to it's Good Samaritan Law this provision.

California day 1: "You must act...regardless if you've been trained or not or you will be prosecuted"
California day 2: "If you make an error in giving aid, that we will force you to render....even though you've never been trained in E.M.S......you can be sued"

Thank the lord above he had the sense to put me on the right coast:wink:

M.K.
Knight165

[countryboy]

Re: Help @ your own risk

Negative...UNLESS you are trained and certified in emergency medical service or are in a state(I think Minnesota is one) that has a provision in it's Good Sam Law that compels even civilians to act during emergencies. But I'm sure someone will try and sue you anyway.
HOWEVER.....like I said earlier....ironically, California wanted to add to it's Good Samaritan Law this provision.

California day 1: "You must act...regardless if you've been trained or not or you will be prosecuted"
California day 2: "If you make an error in giving aid, that we will force you to render....even though you've never been trained in E.M.S......you can be sued"

Thank the lord above he had the sense to put me on the right coast:wink:

M.K.
Knight165

How sad it is that one has to think about the consequences before choosing to help his fellow man.

[madscientist]

Re: Help @ your own risk

People wonder why people walk over and around others that have been injured in a public place! I have was trained as a medic in the USAF, and while I would definitely help others out, I would also be sure to ask if they wanted help if conscious.

[LL-Cool-P]

Re: Help @ your own risk

I think it's reflective of the sad way the world is today when somebody would sue for that.

And let's be honest, this seems to be more a case of money than anything else.

[Scottdau]

Re: Help @ your own risk

I can see both sides. Especially if it was me in that car. If they did acted without regards then I might be upset. It is a tough call no matter how you look at it.

[MassNole]

Re: Help @ your own risk

I think it's reflective of the sad way the world is today when somebody would sue for that.

And let's be honest, this seems to be more a case of money than anything else.

The woman is now a paraplegic......if the 'rescuer's' actions created that condition, he needs to be accountable for that. This woman will now have significant medical and living expenses the rest of her life because of this. Should we just tell her that it's now her problem, especially if the man who 'saved' her acted negligently leading to her condition?

[countryboy]

Re: Help @ your own risk

How could one prove that it was the rescuer's fault that cause the injuries? Couldn't it be that she sustained the injuries in the crash and no matter who moved her, they were going to be worsened?

[RAZRr1275]

Re: Help @ your own risk

The woman is now a paraplegic......if the 'rescuer's' actions created that condition, he needs to be accountable for that. This woman will now have significant medical and living expenses the rest of her life because of this. Should we just tell her that it's now her problem, especially if the man who 'saved' her acted negligently leading to her condition?

It is her problem. And as with previous suits discussed on OS there is NO WAY to prove negligence. She should be thankful that she just is a paraplegic. She could've been dead. You can't sue a guy for trying to help. If they intentionally did something then that's an issue. If not I don't see the problem.

[MassNole]

Re: Help @ your own risk

It is her problem. And as with previous suits discussed on OS there is NO WAY to prove negligence. She should be thankful that she just is a paraplegic. She could've been dead. You can't sue a guy for trying to help. If they intentionally did something then that's an issue. If not I don't see the problem.

I am sure the expert witnesses her lawyer must have lined up to have pursued this through the California Supreme Court (not a cheap endeavor) would disagree you can't prove negligence here. Do you have any idea how expensive this has been to this point, and that is just to have the right to bring this case to trial. A lawyer with the resources to do this is damned good at his job and can evaluate a case much better than anyone on here. Just because the news made this seem awful doesn't mean they were reporting the true facts behind the case. We don't know what lead to the accident, if the man who rescued her (I believe the story said he was a co-worker and passenger) did something inside the car that was negligent to cause the accident, then he had the duty to rescue her and the Good Samaritan law would not even apply.

[RAZRr1275]

Re: Help @ your own risk

I am sure the expert witnesses her lawyer must have lined up to have pursued this through the California Supreme Court (not a cheap endeavor) would disagree you can't prove negligence here. Do you have any idea how expensive this has been to this point, and that is just to have the right to bring this case to trial. A lawyer with the resources to do this is damned good at his job and can evaluate a case much better than anyone on here. Just because the news made this seem awful doesn't mean they were reporting the true facts behind the case. We don't know what lead to the accident, if the man who rescued her (I believe the story said he was a co-worker and passenger) did something inside the car that was negligent to cause the accident, then he had the duty to rescue her and the Good Samaritan law would not even apply.

Don't you think that if the guy did something to cause the accident the victim would've talked? He did nothing wrong and now he's being tried. This is seriously a B.S law. The only reason that the suit would be liable is if he INTENTIONALLY injured her and tried to mask it as a rescue attempt. And I know how expensive it is. It's a huge waste of money. If I were her I'd still thank the guy

[bkfount]

Re: Help @ your own risk

My mom once pulled over to help someone who got in a wreck on the interstate, and when the cops showed up, the man actually blamed her for the accident. Even though she wasn't sued, seeing it happen really makes you never want to help people ever again.

[luv_mist]

Re: Help @ your own risk

Didn't read through all the posts but I'm wondering if it's possible for her to have been paralyzed by the car accident and not by the man with a kind heart?

[Double Eights]

Re: Help @ your own risk

Didn't read through all the posts but I'm wondering if it's possible for her to have been paralyzed by the car accident and not by the man with a kind heart?

Yeah, really. How is she going to prove he caused her paralysis?

Essentially, it's her word vs. his. He can counter her claims by saying she was paralyzed prior to his involvement.

[RAZRr1275]

Re: Help @ your own risk

Yeah, really. How is she going to prove he caused her paralysis?

Essentially, it's her word vs. his. He can counter her claims by saying she was paralyzed prior to his involvement.

Exactly. How you could even have a valid suit when there is no way to prove negligence I don't know. Same thing with most of the other suits that have been talked about on OS.