Good Samaritans can be sued for assisting others in need

[thewagon]

Well, all I can say to the victim is Good Luck.


California Supreme Court allows good Samaritans to be sued for nonmedical care



[COLOR=#333333 ! important]The ruling stems from a case in which a woman pulled a crash victim from a car 'like a rag doll,' allegedly aggravating a vertebrae injury.[/COLOR]
[COLOR=#999999 ! important]By Carol J. Williams
December 19, 2008 [/COLOR]
Being a good Samaritan in California just got a little riskier.

The California Supreme Court ruled Thursday that a young woman who pulled a co-worker from a crashed vehicle isn't immune from civil liability because the care she rendered wasn't medical.

[STAGE 3 R/T]

what's next?

[vikingboy18]

Absolute stupidity!!! And people wonder why folks here in Cali would rather walk the other way than help someone in need.

[rsfdoc]

Well, you know anything bad that happens has to be somebody's fault!

Not knowing the facts makes it difficult to comment intelligently on the case but....... wonder why people hesitate or just go the other way instead of giving aide or assistance? Let's see...I want to help...but I might get sued...but I really need to help...but I might get sued and lose everything because the victim might be a loon (or has a lawyer and gets mad if the rescue has no perfect outcome)...but I really should help my fellow man... it's the right thing to do...oh, darn...where is my lawyer's phone number!

[Super T]

Key phrase, "nonmedical care." If you issue CPR b/c somebody isn't breathing, you cannot be charged. If the car were on fire and in danger of explosion, she could not have been charged.

[lou1355]

Key phrase, "nonmedical care." If you issue CPR b/c somebody isn't breathing, you cannot be charged. If the car were on fire and in danger of explosion, she could not have been charged.

I'm not sure about that. Pulling someone from a crash vehicle is "non-medical"? What was the point of pulling the person out if not to try to save life or limb?

I think the problem was that the act was performed by someone other than a trained provider and the person being helped didn't appreciate the competence and apparent negative results of the "help."

I don't really know the facts though.

[Super T]

I'm not sure about that. Pulling someone from a crash vehicle is "non-medical"? What was the point of pulling the person out if not to try to save life or limb?

I think the problem was that the act was performed by someone other than a trained provider and the person being helped didn't appreciate the competence and apparent negative results of the "help."

I don't really know the facts though.

If the victim is not in additional immediate danger in their current location (whether still in the car, ejected, etc.), they shouldn't be moved for this reason - the girl that pulled her out actually caused paralysis by aggravating a spinal injury. This would be considered non-medical - you're not helping them in any way by moving them. Car teetering over a cliff, stopped on train tracks, on fire - those are all reasons to move the person. Sheer panic and trying to extract them is not.

But you do have to be careful - people will sue anybody to try to make a buck and shirk responsibility today. Bottom line, if you have absolutely no clue what you're doing, you should try to find somebody else that does before you dive in head-first - and that's for the person's safety, nevermind your own legal/financial standing :-)

[lou1355]

If the victim is not in additional immediate danger in their current location (whether still in the car, ejected, etc.), they shouldn't be moved for this reason - the girl that pulled her out actually caused paralysis by aggravating a spinal injury. This would be considered non-medical - you're not helping them in any way by moving them. Car teetering over a cliff, stopped on train tracks, on fire - those are all reasons to move the person. Sheer panic and trying to extract them is not.

But you do have to be careful - people will sue anybody to try to make a buck and shirk responsibility today. Bottom line, if you have absolutely no clue what you're doing, you should try to find somebody else that does before you dive in head-first - and that's for the person's safety, nevermind your own legal/financial standing :-)

Excellent explanation. Makes sense to me. I agree that the number one issue in such situations is: will I help or hurt by moving this person?

I've been first on the scene twice in my life and have been able to help (my dad was a medical doctor and took the time to train me on basic fist aid and cpr, etc.).

It's an amazing feeling to open an airway or restart/maintain a pulse in someone who is at death's door.

But I've always been calm and analytical in emergency situations.

On the other hand, having someone in an unnecessary panic do damage to someone out of sheer incompetence probably should have some liability attach.

Tough call.

[Truth Kid]

The next time I break someone's arm pulling them out of a burning car and they sue me, I'm going to set their car on fire when they drive out of their parking space at the court so they can have the desired effect.

[Mag Dr]

The next time I break someones arm pulling them out of a burning car and they sue me, I'm going to set their car on fire when they drive out of their parking space at the court so they can have the desired effect.

Yep set their car on fire then throw them in it....

That is why my wife and I have extra liability insurance, just in case some idiot wants to sue.
Years ago I stopped to help a woman who had a blow out on the freeway, she had 3 little kids and like an idiot she pulled into the center median(should have been the clue right there) she had already tried to jack up the van, in the wrong place first off, second she had not loosened the lug nuts, she got the jack almost tipped over, this is where I come in, take a look and decide to get out the floor jack and impact, jack it up change the tire, all is well till she gets home and tells hubby, he goes out and looks, sees scratches on the quarter panel from his sweetie, she denies it, so hubby wants to sue for damages, well just because of the situation, the kids, her, the van, the jack, and location, I snapped a few pics, glad I did, saved my A$$.

So it's not just Cali , I rarely stop to help anyone, besides now that is the big lure here for car jacking or just plain robbery.


Dave

[vikingboy18]

Super T and Mag Dr - You both summed it up perfectly. These days there are so many people out there who will try to sue anyone for anything!!! It's getting absolutely ridiculous!!!

[vikingboy18]

Well, you know anything bad that happens has to be somebody's fault!

Not knowing the facts makes it difficult to comment intelligently on the case but....... wonder why people hesitate or just go the other way instead of giving aide or assistance? Let's see...I want to help...but I might get sued...but I really need to help...but I might get sued and lose everything because the victim might be a loon (or has a lawyer and gets mad if the rescue has no perfect outcome)...but I really should help my fellow man... it's the right thing to do...oh, darn...where is my lawyer's phone number!

LOL!!! So true!!!