Dont try to help accident victims in California!

Discussion in 'The Intelligence Cell' started by Tartan_Terrier, Dec 21, 2008.

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  1. When a car full of office workers on their way home from a party crashed one of them fearing that the car would catch fire dragged a co-worker from the car. The woman ended up as a paraplegic and is now sueing her 'rescuer'

    Personally I'd say that Hollywood has a share of the blame for making the 'rescuer' think that every time a car crashes it explodes in a ball of flames.....

    Any opinions on this? Should she be allowed to sue someone who tried to help her?

  2. Sadly in the good old US of A the practice of suing someone who was trying to help you has become all too common.

    In fact in the USA people sue other people/organisations for the most ridiculous things imaginable.

    And the worrying thing is its creeping in over here too.

    I would be very careful before I tried to rescue someone, although I think that in that situation the rescuer made the right decision.
  3. Remember the Top Gear drive from Florida to New Orleans?

    When they got to the ravaged city, they decided to give the cars away, only to find that one of the beneficiaries was going to sue over something as pathetic as being told that the car ( for example, I can't remember the specifics) was a 84 Chevvy when in fact it was an 83.
  4. This isn't a new thing I think, I vaguely remember doing First Aid in basic back in '94 and one of the things we were told was to do everrything we can to make sure any aid given was justified and necessary for just this reason.
    Also being told to be careful of giving any help whatsoever to a member of the opposite sex in case you got accused of sexual assault further down the line.
    It's a sad state of affairs and there's no wonder no one wants to help anyone any more
  5. Probably the funniest episode of Top Gear ever!!!!!

    'Man love is best'

    'Hillary for president'

    'NASCAR sucks'

  6. Someone is always to blame.......just never yourself!! The land of the free!! Free to sue!
  7. Why do you think this is confined the the US? There is a reason why in this country you get strapped to a body board with neck brace fitted if you even suggest to one of your rescuers that you neck twinges a bit and it does not happen entirely for your benefit.

    Example: Few weeks back there was a press report about a copper who that been in a police car that crashed while chasing some scrotes. Bit shaken up but otherwise fine. More plod arrive and he takes a seat in the back of a new Police BMW whilst it gets sorted.

    After a while his neck hurts a bit and you can guess the rest: somebody deems that the entire roof section of the Beemer needs to be removed before it is "safe" to remove him.

    "Safe" in this case has more to do with avoiding the risk of a compensation claim and/or a mahoosive lawsuit
  8. :evil: just take your lawyer with you !

    make him write up a letter that the burning/dying can sign before you assist them which makes it impossible for them to sue!

    Or help and give a fake name address

    Mr IP freely for example :twisted:

    fuching ridiculous if you help someone then they sue,counter sue for emotional distress for their carelessness! l
  9. The clip doesn´t seem to go in to too much detail and seems to spend more time talking about a completely seperate incident.

    My Opinion? For what it´s worth. If the samaritan truelly acts for the benefit of victim, ie he honestly believed the car would catch fire (not blow up, and you´d be surprised at how much of a risk a car fire is) then he acted in the best interests of the, sadly now, paraplegic victim. To that end there should be NO action taken.

    What´s the betting the paraplegic has no health insuarance?
  10. I remember watching one of these cop documentary things from the states. An idiot totals a Ferrari, cops arrive, witness tells the cops the guy was driving like a lunatic, cop takes the witness aside and says, "Walk up to him, I'll be behind you, say "I'm arresting you for reckless endangerment and I am handing you over into the custody of this constable". Bloke does it. The effect - the cops are insulated from a wrongful arrest charge, and the witness is exposed to one. Unbelievable.
  11. Couldn't help but smile at this topic when I saw the advertising banner at the bottom of the page. :D
  12. Good samaritan laws protect folks from liability if they provide assitstance and first aid to accident victims before emergency services arrive... every state has one although they differ a bit in wording and responsability. Very neccesary measure to prevent the trend towards not rendering aid that was occuring during the 80's. A medic from my own unit found himself charged with practicing medicine without a license when he treated an accident victim while home on leave. The assigned JAG lawyer got the case shot down in short order but the experience certainly had a lasting effect.

    p.s. I saw that episode of Top Gear and while I thought most of it was pretty funny, Jeremy was quite ignorant of the status of the buildings he was passing... most were scheduled to be demolished as they were originally constructed on a flood plane that needed to be restored. Believe me, plenty of compensation was paid out to provide for the owners to start over.
  13. I heard this one way back in 1980 when I first arrived in BFG. So nothing new, and probably just an urban myth.
  14. The problem the US has, and a major reason behind high healthcare costs there, is that there's no downside to sueing. In the UK, the loser has to pay the winners costs (except in Employment Tribunals, which is why you get so many sill employment cases). This is even the case in 'no win, no fee' cases where the law firm doing the suing will only take on 'sure thing' cases and gets insurance to cover the other side's costs if they lose. In the US, even if you win you still have to pay your own costs generally, which is why the cost of medical malpractice insurance, and ergo access to medical treatment, is so high.
  15. When you do a First aid course with the SJA, we get a card with a number on it to contact should this happen, they state as long as you provide correct first aid, then they will pay any legal expenses if someone sues you.
    Nice touch.......