Bird
Rest in Peace
Like Wayne County Hose and Doc Bob, I'd still just have to do the best I could to help and hope for a favorable outcome.
No good deed goes unpunished - Good Samaritan may be sued
- Thread starter Doc_Bob
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EddieWalker
Epic Contributor
I just read the article that I think this thread is referring to,ABC News: Woman Sued for Rescue Effort in Car Crash and I'm now unsure. The thing that bothers me is that the woman who did the "rescuing" said she was afraid the car would explode, so she got her out for her safety. Not being there, that seems plausible, but there were two other people in the car that she didn't offer or try to get out. This doesn't seem right. If one was in danger, then why leave the other two in there?
Eddie
Eddie
EddieWalker
Epic Contributor
Very true. Did you notice that the story that was linked in the first story failed to mention allot of the details that was in the link to the story that I posted? Another thing in the second story was the accounts of the witnesses and how they are totally different then the person who is being sued claims to have happened? Obviously I don't know what happened, or what I'd do in that same situation. Hopefully I'll do the right thing.
Eddie
Eddie
NuBota
Gold Member
At first I was incensed when reading the news article - then I found the court ruling
http://www.courtinfo.ca.gov/opinions/documents/S152360.PDF
Court was making the determination if the Good Samaritan law applied to the rescuer - and by "letter of the law" I can see their point. Doesn't mean it's right in the grand scheme, but when is that news.
So we also learn that marijuana and alcohol are involved - big surprise. So we now have a Jerry Springer show gone awry, newscasts skimming enough facts to make it inflammatory and spinning it into a big "to do". Again - big suprise...
So this particular story doesn't sway me one way or the other. I am cautious about helping, but would do so if the need is evident and I can contribute the necessary aid. And deal with the consequences. I would probably feel the "rush" to be a hero, but I would control the urge knowing I could do more harm than good.
It is a shame though - to possibly be punished for good intentions, even if the deed wasn't all that good. I don't think I could sue someone that accidentally hurt me thinking they were saving me - esp. if it was a friend
-Eric
http://www.courtinfo.ca.gov/opinions/documents/S152360.PDF
Court was making the determination if the Good Samaritan law applied to the rescuer - and by "letter of the law" I can see their point. Doesn't mean it's right in the grand scheme, but when is that news.
So we also learn that marijuana and alcohol are involved - big surprise. So we now have a Jerry Springer show gone awry, newscasts skimming enough facts to make it inflammatory and spinning it into a big "to do". Again - big suprise...
So this particular story doesn't sway me one way or the other. I am cautious about helping, but would do so if the need is evident and I can contribute the necessary aid. And deal with the consequences. I would probably feel the "rush" to be a hero, but I would control the urge knowing I could do more harm than good.
It is a shame though - to possibly be punished for good intentions, even if the deed wasn't all that good. I don't think I could sue someone that accidentally hurt me thinking they were saving me - esp. if it was a friend
-Eric
Sigarms
Super Member
Per the court's comment
Honestly, I see nothing wrong with that.
When I first saw the story I was a little sad for our society.
However, thinking about it more, lets say for example you have a baby sitter for your small child. The child starts choking. The baby sitter then picks the child up by the feet and starts to shake the small child upside down in hopes that the object blocking the airway will fall out. Say this action makes the situation worse for some reason and causes more harm to the child. Well, do you thank the baby sitter for taking any action, or do you get upset with the possible "idiotic" actions taken that made the situation worse?
One rule in rescue diving is to make sure the person you're trying to save doesn't drown you along with them.
Honestly, I see nothing wrong with that.
When I first saw the story I was a little sad for our society.
However, thinking about it more, lets say for example you have a baby sitter for your small child. The child starts choking. The baby sitter then picks the child up by the feet and starts to shake the small child upside down in hopes that the object blocking the airway will fall out. Say this action makes the situation worse for some reason and causes more harm to the child. Well, do you thank the baby sitter for taking any action, or do you get upset with the possible "idiotic" actions taken that made the situation worse?
One rule in rescue diving is to make sure the person you're trying to save doesn't drown you along with them.
Podunkadunk
Veteran Member
- Joined
- Jan 2, 2007
- Messages
- 1,185
Kommiefornia!
Doesn't surprise me a bit.
Podunk
Doesn't surprise me a bit.
Podunk
Ronbo
Silver Member
Lets recap the "facts". The driver his a pole at 45mph. Could not get out of the vehicle. Her friend either pulled or carried her out of the car and placed or dropped her on the median. This action resulted in a lacerated liver and paralysis due to a fractured spine.
I doubt if the friend carried her, most females do not have the required strength to carry another adult single handed, no offense to any females intended.
I can see her being dragged. I donot see the mechanism of injury present in the being dragged like I do see when impacting the pole at 45mph. But you can't sue a pole.
This should be easy to fight with a few trauma experts. But, the driver should take responsibility for her own actions.
Note to self, when traveling in Ca, remain oblivious to anything going on around you.
Ron
I doubt if the friend carried her, most females do not have the required strength to carry another adult single handed, no offense to any females intended.
I can see her being dragged. I donot see the mechanism of injury present in the being dragged like I do see when impacting the pole at 45mph. But you can't sue a pole.
This should be easy to fight with a few trauma experts. But, the driver should take responsibility for her own actions.
Note to self, when traveling in Ca, remain oblivious to anything going on around you.
Ron
