Good Samaritans can be sued in California

[browna]

Originally Posted by RougeUnderoos

And then she apparently left her lying by the side of the car.

It sounds to me like this woman did something stupid and is going to get sued for it.

Although if she moved him any further, she may get sued for kidnapping and unlawful confinement.

[FireFly]

Originally Posted by Thunderball

Its within the definition of reasonable care. It is not reasonable for someone with no training to attempt CPR, they simply lack the confirmed knowledge. Just like its not reasonable for someone with no emergency training to pull someone out of a car wreck... and in the process, do a poor job of it.

It doesn't matter if you mean well. A reasonable person doesn't act outside their limits, or without thinking.

I don't know about that. I mean, if there really is the threat of the car catching fire, does a reasonable person say "oh, you know what, because I don't have any training, I may indeed cause more injury than having this person in the car catching fire." Now, in this case, the person was presumably drunk and irrational, however the point still stands. My CPR training was 10-15 years ago... I still know the basics... pump the heart, breathe, etc. If a person will die without me helping with my limited knowledge, I will attempt to help regardless. Also, the fabulous people at 911 also will give CPR instructions to those without training so they can assist if necessary.

I've heard a number of stories of people pulling others out of a frozen river or lake without being emergency personel. It is reasonable for a person to say "this person may die if I don't help right now," and do whatever they can to help based on the situation at hand.

[flip]

I love the logic they use in the states. If you don't help sued. If you do help, sued. Man I love the US.

[Thunderball]

Originally Posted by FireFly

I don't know about that. I mean, if there really is the threat of the car catching fire, does a reasonable person say "oh, you know what, because I don't have any training, I may indeed cause more injury than having this person in the car catching fire."

If you know the car is going to explode... simply seeing fluids come out of a car means very little. Especially if your next actions cause more harm. You can be a Good Samaritan if you know what you are doing. Otherwise, you're not helping, and may be liable.

Now, in this case, the person was presumably drunk and irrational, however the point still stands.

You just demonstrated why the point doesn't stand. Drunk and irrational. Incapable of being a reasonable person and causing harm. If I tried to help someone by driving them to the doctor while drunk, cause an accident on the way harming my passenger, am I not still being careless and irrational even if the accident was in front of the doctor's office? Remember, its not someone being helpful, its someone interfering, trying to help, but causing harm. No one is going to sue someone for doing a good job with any expectation of success.

My CPR training was 10-15 years ago... I still know the basics... pump the heart, breathe, etc. If a person will die without me helping with my limited knowledge, I will attempt to help regardless. Also, the fabulous people at 911 also will give CPR instructions to those without training so they can assist if necessary.

You're more than welcome to try. Ironically, with an example like CPR, if you screw up, the person dies. If you do it right, the person could still die. If you don't do it, the person dies... in other words, its very difficult to prove you cause their death, and difficult to assign blame. However, as you are aware, the process of CPR has changed quite a bit in 10-15 years... one could argue you didn't know what you were doing because your practice was obsolete. I don't think you'd ever see a CPR-related case though.

I've heard a number of stories of people pulling others out of a frozen river or lake without being emergency personel. It is reasonable for a person to say "this person may die if I don't help right now," and do whatever they can to help based on the situation at hand.

Tort Law appears to be very tricky, and thats one of the reasons. Problems with being a good Samaritan only really emerge when someone does a lousy job of it. For instance, if I tried to pull you off the ice while running hard on thin ice rather than crawling to spread out the stress on the ice. Say I'm lucky enough to come away fine, but I damaged the integrity of the ice enough to make your rescue by knowledgable people way more difficult, and with this botched attempt, land you in way more serious condition. Would I not be negligent? I meant well though.

[PIMking]

This country is got to be the biggest joke around. I mean if I were in a wreck and a good samaritan pulled me out and helped me until helped arived but I lost use of one of my legs I wouldnt sue. But thats just me I dont like how people in this county are so damn sue happy. I spilled hot coffe on my leg so im going to sue you because my fat ass doesnt know that coffe is hot and I shouldnt juggle it with hot irons also.

Its so bad that everything here has dumb I mean stupid signs on them so they can protect themselfs. Like, Do I really need to know that a condom is a choking hazzard? No because I will never have one around my mouth head or neck. But they have to do it because there are some uber liberal lawyer that wants to sue someone.

Sometimes people just need to get a boot in the ass.

The news folks wonder why in assult videos the bystanders dont do anything because they are scared of legal action. I do belive in Cali some guy was arrested for murder because some hood rat broke into his house and he shot and killed him.

I also belive in Cali a man was sued by a would be burgalar when he slipped or something like that and was injured. The worst part about that is he won. I mean come fricking on the guy was breaking into my house and stealing my property. I own a hand gun and a rifle and both are locked and loaded at all times. ( I have no kids just me the fiance two dogs and a cat.) so I dont have to worry about them going off for no reason. but the rifle is in a gun case and the hand gun is in a lock box in the sox drawer next to the bed. Im tired of people not taking action because they can be sued.

Also in Cali if you are caught street racing or at street races (I dont street race so this doesnt bother me) The state will crush your vehicle. That will only promote more idiots going Fast and Furious and end up killing some family because the cops are going to crush their car.

That state is like its own country. You need a passport to go and I dont want to go.

[Teh_Bandwagoner]

In the CPR course I took, there were specific instructions we had to perform before we were legally allowed to help someone. No matter what, conscious or unconscious, we have to ask the person if they need help. If they say yes or are unresponsive, then we can proceed to give first aid. Once that's happened, we're protected under Alberta's Good Samaritan Act. The only thing I'm not clear of is if it only applies to those with CPR training or the general public.

[Phanuthier]

Originally Posted by flip

I love the logic they use in the states. If you don't help sued. If you do help, sued. Man I love the US.

Simple solution, just (fake) going into shock.

Note to self, don't help someone in need in USA.

[flip]

Originally Posted by Phanuthier

Simple solution, just (fake) going into shock.

Note to self, don't help someone in need in USA.

Its funny you say that. My parents go to Hawaii or Vegas at least once a year, usually Vegas.

They are going again in February - so that my dad can be out of the country for his 50th Bday but that's a different hilarious story - anyway I was saying, if you see anyone in a car crash or having a heart attack call 911, but don't help.

Last thing they'd need is to go on vacation and get sued for millions trying to be nice Canadians.

[Phanuthier]

Originally Posted by flip

Its funny you say that. My parents go to Hawaii or Vegas at least once a year, usually Vegas.

They are going again in February - so that my dad can be out of the country for his 50th Bday but that's a different hilarious story - anyway I was saying, if you see anyone in a car crash or having a heart attack call 911, but don't help.

Last thing they'd need is to go on vacation and get sued for millions trying to be nice Canadians.

I live in California too

[OilersBaby]

Originally Posted by PIMking

This country is got to be the biggest joke around. I mean if I were in a wreck and a good samaritan pulled me out and helped me until helped arived but I lost use of one of my legs I wouldnt sue. But thats just me I dont like how people in this county are so damn sue happy. I spilled hot coffe on my leg so im going to sue you because my fat ass doesnt know that coffe is hot and I shouldnt juggle it with hot irons also.

Its so bad that everything here has dumb I mean stupid signs on them so they can protect themselfs. Like, Do I really need to know that a condom is a choking hazzard? No because I will never have one around my mouth head or neck. But they have to do it because there are some uber liberal lawyer that wants to sue someone.

Sometimes people just need to get a boot in the ass.

The news folks wonder why in assult videos the bystanders dont do anything because they are scared of legal action. I do belive in Cali some guy was arrested for murder because some hood rat broke into his house and he shot and killed him.

I also belive in Cali a man was sued by a would be burgalar when he slipped or something like that and was injured. The worst part about that is he won. I mean come fricking on the guy was breaking into my house and stealing my property. I own a hand gun and a rifle and both are locked and loaded at all times. ( I have no kids just me the fiance two dogs and a cat.) so I dont have to worry about them going off for no reason. but the rifle is in a gun case and the hand gun is in a lock box in the sox drawer next to the bed. Im tired of people not taking action because they can be sued.

Also in Cali if you are caught street racing or at street races (I dont street race so this doesnt bother me) The state will crush your vehicle. That will only promote more idiots going Fast and Furious and end up killing some family because the cops are going to crush their car.

That state is like its own country. You need a passport to go and I dont want to go.

Then dont.

[OilersBaby]

Originally Posted by PIMking

This country is got to be the biggest joke around. I mean if I were in a wreck and a good samaritan pulled me out and helped me until helped arived but I lost use of one of my legs I wouldnt sue. But thats just me I dont like how people in this county are so damn sue happy. I spilled hot coffe on my leg so im going to sue you because my fat ass doesnt know that coffe is hot and I shouldnt juggle it with hot irons also.

Its so bad that everything here has dumb I mean stupid signs on them so they can protect themselfs. Like, Do I really need to know that a condom is a choking hazzard? No because I will never have one around my mouth head or neck. But they have to do it because there are some uber liberal lawyer that wants to sue someone.

Sometimes people just need to get a boot in the ass.

The news folks wonder why in assult videos the bystanders dont do anything because they are scared of legal action. I do belive in Cali some guy was arrested for murder because some hood rat broke into his house and he shot and killed him.

I also belive in Cali a man was sued by a would be burgalar when he slipped or something like that and was injured. The worst part about that is he won. I mean come fricking on the guy was breaking into my house and stealing my property. I own a hand gun and a rifle and both are locked and loaded at all times. ( I have no kids just me the fiance two dogs and a cat.) so I dont have to worry about them going off for no reason. but the rifle is in a gun case and the hand gun is in a lock box in the sox drawer next to the bed. Im tired of people not taking action because they can be sued.

Also in Cali if you are caught street racing or at street races (I dont street race so this doesnt bother me) The state will crush your vehicle. That will only promote more idiots going Fast and Furious and end up killing some family because the cops are going to crush their car.

That state is like its own country. You need a passport to go and I dont want to go.

yes, you can also be charged for murder..it depends on the specifics of the case. it would depend on whether or not shooting the person was necessary and if a "Reasonable" person would shoot or just call 911 or if anything else could have done or was shooting and killing the burglar the only asnwer. It's ultimately upto the JURY.

[OilersBaby]

Im going to stop reading this thread because I'm annoyed at how much people bash the state/country and then in the next thread talk about how they are going to visit there. If you don't like it, stay out. Sorry, not trying to be rude, its just pissin me off cuz I live here and love it and I can see why what happened happened. So Im not going to think about this thread anymore or say anything else cuz I dont want to be banned from CP