Good Samaritans Can Be Sued

[JimBeam]

Woman Sued for Rescue Effort in Car Crash

http://abcnews.go.com/TheLaw/story?id=6498405&page=1

I mean I know it sucks that this lady is now a parapalegic but does she have to take it out on her friend who might've saved her life ?

Sure we don't want people trying to perform a tracheotemy ( sp ??? ) when they don't have the skills but we now can't pull people from cars ?

What would the outrage have been if the woman being sued stood there and watched as the car started to go up in flames and didn't act ?

She'd probably face some form of criminal charge or get sued by the woman's family for not helping.

She couldn't win.

I think this sets a bad precedence.

[SatCam]

What would the outrage have been if the woman being sued stood there and watched as the car started to go up in flames and didn't act ?

She'd probably face some form of criminal charge or get sued by the woman's family for not helping.

She really can't get in trouble legally for not helping. This isn't Seinfeld. (http://en.wikipedia.org/wiki/Duty_to_rescue)



The saddest part of this story is a friend suing a friend who tried to save the other's life. Pathetic.

[JimBeam]

I'm pretty sure there are real Good Samaritan laws on the books.

That's where the bit came from in Seinfeld.

[Puggle_kicker]

When I was in college for law we did extensive study on stupid shit like this. As soon you step in to help you have to understand, you are putting yourself out there for this type of thing.

Which is part of the reason that I decided not to pursue a further career in law.

[SatCam]

I'm pretty sure there are real Good Samaritan laws on the books.

That's where the bit came from in Seinfeld.

Well the article I posted says that there are 8 states with such a law, but they are generally ignored. California is not one of them. Plus, I imagine the extent of the law is "you have to at least call 911"

[JimBeam]

I actually missed the link.

My bad.

[SatCam]

I actually missed the link.

My bad.

I actually edited it in after I posted ..................................... :banning:

[lleeder]

I blame bearded long hair lawyers.

[TooLowBrow]

I am sure that this is an insurance thing. like, shes not suing the lady, shes actually suing so the company has to pay out

[JimBeam]

I am sure that this is an insurance thing. like, shes not suing the lady, shes actually suing so the company has to pay out

What company ?

The one they both worked for ?

I doubt they have any liability in this at all unless there was liquor being served at a company event and the proper precautions were not in place.

And I doubt the lady has a personal policy covering her for " doing the right thing ".

[instrument]

That's why I carry a blanket letter of consent, for drunken sex or pulling bitches from infernos.

[Judge Smails]

One day my wife and I were coming out of the supermarket and there was this old guy lying on the ground in the parking lot with his wife kneeling next to him and screaming. There were no less than ten bystanders gawking and someone said they already called 911. He had obviously had a heart attack and his wife said he had a bad heart.

My wife is Physical Therapist who works mostly with sports injuries and Worker's Comp. but she's had CPR training. Though she'd never actually used it before she started right in performing CPR until the ambulance came.

Once the paramedics came, one of the gawkers who had been just standing and watching since before we got there all of a sudden takes charge and starts telling the paramedics what's been going on like she was in control of the situation all the while. While talking to the paramedics she tells them she's a nurse at the local hospital. My wife and I think "Why the fuck didn't you do anything then?". So, they take the guy away in the ambulance and no one gives my wife so much as a "Thank you"

[mendyweiss]

One day my wife and I were coming out of the supermarket and there was this old guy lying on the ground in the parking lot with his wife kneeling next to him and screaming. There were no less than ten bystanders gawking and someone said they already called 911. He had obviously had a heart attack and his wife said he had a bad heart.

My wife is Physical Therapist who works mostly with sports injuries and Worker's Comp. but she's had CPR training. Though she'd never actually used it before she started right in performing CPR until the ambulance came.

Once the paramedics came, one of the gawkers who had been just standing and watching since before we got there all of a sudden takes charge and starts telling the paramedics what's been going on like she was in control of the situation all the while. While talking to the paramedics she tells them she's a nurse at the local hospital. My wife and I think "Why the fuck didn't you do anything then?". So, they take the guy away in the ambulance and no one gives my wife so much as a "Thank you"

Thank you Mrs. Smails

[DarkHippie]

This is what happens when bystanders fail to act http://en.wikipedia.org/wiki/Kitty_Genovese

[JimBeam]

How in the hell is that guy that killed Kitty still alive ?

He gets the death penalty for killing 3 people and they reduce his sentence to 20 to life which only gets extended because he escapes and takes hostages.

Seems like he's a candidate for being killed and then brough back to life so they could kill him again.

[TooLowBrow]

"For a victim outside, it's a one-time or one-hour or one-minute affair, but for the person who's caught, it's forever."
this is this guys defense?!?!
i guess, him raping, beating and killing victims mustve been scary, but its over now. so why is he still locked up?

[Contra]

I don't know about other states, but I remember in high school here in PA I got certified in CPR and got a card so that if I did perform it on someone I couldn't be sued because I was certified. You had to get recertified every 2 years. I just got it that one time and never got recertified.

[Recyclerz]

I am sure that this is an insurance thing. like, shes not suing the lady, shes actually suing so the company has to pay out

I think TooLowBrow is on target here. Plaintiffs' lawyers always find the scenario where the "deepest pockets " are always the cause of the problem in court regardless of what the real world facts are. I'll bet ten bucks that the driver of the car in which the woman was injured either didn't have insurance or had really low coverage. Presto chango - the injury didn't occur during the car accident but during the rescue, where the homeowner's policy of the rescuer's dad will be reachable due to her "malfeasance."

It's bullshit but it is the way the system usually works. The court's decision may be right legally (one of our attorneys on board can give us an opinion) but it seems like bad public policy to me.

[drusilla]

i have to teach this in all of my cpr classes. good samaritan laws vary from state to state, but they all follow the same principles:


act within the scope of your training
act within good faith (do not act in order to gain profit)
are not negligent




i really can't see the plaintiff winning this case especially if they can't prove that it was the friend who caused the injury. of course they may say she wasn't trained to pull someone out of a car, but it may be hard for a jury to see that she wasn't trying to help & was acting in good faith.

[Sinestro]

i have to teach this in all of my cpr classes. good samaritan laws vary from state to state, but they all follow the same principles:


act within the scope of your training
act within good faith (do not act in order to gain profit)
are not negligent




i really can't see the plaintiff winning this case especially if they can't prove that it was the friend who caused the injury. of course they may say she wasn't trained to pull someone out of a car, but it may be hard for a jury to see that she wasn't trying to help & was acting in good faith.

My CPR card expires next year!! Can't wait.

[JohnGacysCrawlSpace]

It just doesn't pay to be nice to anyone, any more.

[Coach]

I think TooLowBrow is on target here. Plaintiffs' lawyers always find the scenario where the "deepest pockets " are always the cause of the problem in court regardless of what the real world facts are. I'll bet ten bucks that the driver of the car in which the woman was injured either didn't have insurance or had really low coverage. Presto chango - the injury didn't occur during the car accident but during the rescue, where the homeowner's policy of the rescuer's dad will be reachable due to her "malfeasance."

It's bullshit but it is the way the system usually works. The court's decision may be right legally (one of our attorneys on board can give us an opinion) but it seems like bad public policy to me.
A friend of mine whom I worked with as a lifeguard at the beach, who is also a lawyer, said the Insurance companies always sue the people involved so that they can get money from that person's insurance company. 9 times out of 10 they settle out of court. This was after we were notified that we were being sued for negligence after pulling an asshat out of the water after he dove into about 5 inches of water and snapped his neck and killed himself. We got his heart going again, and he ended up a parapalegic.

[Dude!]

lawyers suck

[Syd]

meh if you don't know what you're doing don't get involved, especially in car accidents since you tend to do more harm than good. Just call rescue/ambulance services and call it a day.

[sr71blackbird]

I am curious to see if you can get sued if you do not help someone when you could have.

[JimBeam]

A friend of mine whom I worked with as a lifeguard at the beach, who is also a lawyer, said the Insurance companies always sue the people involved so that they can get money from that person's insurance company. 9 times out of 10 they settle out of court. This was after we were notified that we were being sued for negligence after pulling an asshat out of the water after he dove into about 5 inches of water and snapped his neck and killed himself. We got his heart going again, and he ended up a parapalegic.

But what insurance, if any, would cover it ?

What if the lady that pulled the woman from the car doesn't own a car or a house and thus doesn't have any sort of insurance policy ?

[Zorro]

But what insurance, if any, would cover it ?

What if the lady that pulled the woman from the car doesn't own a car or a house and thus doesn't have any sort of insurance policy ?


As for this particular lifeguard story I'm calling "Shenanigans" ... I deal with this stuff everyday and the reality is that the City or Company employing the lifeguards would be the ones providing coverage. A lifeguard may be named in a suit, but it's only because they are going after the employer. An actual case (which is probably the real one) involves a guy jumping off the jetty at Rockaway Beach. The guy jumped once and the lifeguards told him to stop. He asked if he could take one more jump...he did and was paralyzed...city wound up paying 17 mil because on negligence. they shouldn't have let him jump a second time.

As for the question "what type of insurance" your homewowner's, renters insurance etc...carry personal liability for acts of negligence.

What if you're broke and have no money or insurance...probably no lawsuit unless they need to exhaust you before they can go someplace else. Example you get in car wreck, but have no insuance and no money...they'll come after you, but only to show you have no coverage or way to pay. Then they'll go to their uninsured motorist coverage...but they can only do that after they show you aren't covered.

[keithy_19]

meh if you don't know what you're doing don't get involved, especially in car accidents since you tend to do more harm than good. Just call rescue/ambulance services and call it a day.

If I saw my best friend in a wrecked car which may go up, I'd do something. I'd act in the best interest of my friend.

This is a bullshit case and one of the reasons that I loathe the court system in America.

[Zorro]

meh if you don't know what you're doing don't get involved, especially in car accidents since you tend to do more harm than good. Just call rescue/ambulance services and call it a day.

Yeah...easy to say until it's one of your family members that some prick passed by....

[cougarjake13]

hard to say what i'd do


i'd wanna help but then something like this is in the back of your mind

[Coach]

But what insurance, if any, would cover it ?

What if the lady that pulled the woman from the car doesn't own a car or a house and thus doesn't have any sort of insurance policy ?

As for this particular lifeguard story I'm calling "Shenanigans" ... I deal with this stuff everyday and the reality is that the City or Company employing the lifeguards would be the ones providing coverage. A lifeguard may be named in a suit, but it's only because they are going after the employer. An actual case (which is probably the real one) involves a guy jumping off the jetty at Rockaway Beach. The guy jumped once and the lifeguards told him to stop. He asked if he could take one more jump...he did and was paralyzed...city wound up paying 17 mil because on negligence. they shouldn't have let him jump a second time.

As for the question "what type of insurance" your homewowner's, renters insurance etc...carry personal liability for acts of negligence.

What if you're broke and have no money or insurance...probably no lawsuit unless they need to exhaust you before they can go someplace else. Example you get in car wreck, but have no insuance and no money...they'll come after you, but only to show you have no coverage or way to pay. Then they'll go to their uninsured motorist coverage...but they can only do that after they show you aren't covered.
Yes, It was Quite Real. About 10 of us got served. From the Step Guard up to the Beach manager, and the Local Ambulance Squad and the EMT's that responded. We WERE acting under the name of the beach, and hence, were covered by the beach's Insurance, as were the EMT's that were acting within the scope of their training.
Still, getting Subpoenaed and seeing your name on a lawsuit, and getting phonecalls from the injured's insurance company constantly did not help...I left out that it was a holiday weekend and the guy ran from a private party acroos the street, past the stepguard, without a badge, ran towards the water and dove.. when we pulled him out, he reeked of booze, and had coke on him. We as individuals were eventually dropped from the case. Perhaps I should have been more clear.
The guys hosting the party were not so lucky.

[eastphillyTed]

this is why i don't help any body. call 911 on your cell if you want to be a hero.

[Zorro]

this is why i don't help any body. call 911 on your cell if you want to be a hero.

I think just returning the cell phone would make you hero

[DarkHippie]

I think that i would instinctually help without thinking of the consequences. then again i saw a car the other day with its muffler sparking and i didnt do anything. maybe i am a bad person after all :)

[TooLowBrow]

when we pulled him out, he reeked of booze, and had coke on him.

he had a bindle in his bathing suit?

An actual case (which is probably the real one) involves a guy jumping off the jetty at Rockaway Beach. The guy jumped once and the lifeguards told him to stop.
as a kid, all i did every summer was jump off jettys and ride bikes off docks in breezy point. it was awesome and we never got hurt. this world really is a more dangerous place.

[Zorro]

he had a bindle in his bathing suit?


as a kid, all i did every summer was jump off jettys and ride bikes off docks in breezy point. it was awesome and we never got hurt. this world really is a more dangerous place.

The world's a less dangerous, but infinitely stupider...

[Coach]

The world's a less dangerous, but infinitely stupider...Amen to that....and might I add, More Litigious

[drusilla]

I am curious to see if you can get sued if you do not help someone when you could have.

probably could if you're trained to help & you do nothing. that could be considered negligence.

[Coach]

probably could if you're trained to help & you do nothing. that could be considered negligence.
Yup, EMT's in Jersey and PA. at least, can be sued for "Failure to Act" if they pass an accident without stopping. They drilled that into our heads from class 1.