Author Topic: Court says Good Sam can be sued in California  (Read 1582 times)

PegLeg45

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Court says Good Sam can be sued in California
« on: December 21, 2008, 10:59:36 AM »
Does something like this change your way of thinking when it comes to rendering first aid?
I have stopped at accidents and helped people several times, and have myself been helped (basically they kept me from dying).
I think I would still stop and help, but I WOULD evaluate the situation better before acting (if time is available).

From the land of TAB.......

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/12/19/BAUV14QQIS.DTL

 SAN FRANCISCO -- A Good Samaritan whose well-meaning but careless rescue effort injures an accident victim can be sued for damages, the state Supreme Court ruled Thursday.

The court said California's shield against liability for emergency help applies only to people trying to provide medical help.

The 4-3 ruling allows a 27-year-old Los Angeles woman to go to trial in her suit against a friend who pulled her out of a wrecked car and, in the process, allegedly caused injuries that left her permanently paralyzed. The friend, Lisa Torti, said she had seen smoke and thought the car was about to explode, but other witnesses said they had seen no signs of danger.

The court majority said the law Torti cited to try to dismiss the lawsuit was intended only to encourage people to learn first aid and use it in emergencies, not to give Good Samaritans blanket immunity when they act negligently. Dissenting justices said the ruling would discourage people from trying to save lives.

The case dates from 2004, when a group of friends including Torti and Alexandra Van Horn left a bar in suburban Chatsworth (Los Angeles County) in two cars after a Halloween party.

The car in which Van Horn was a passenger went out of control and hit a light pole. Torti, in the other car, pulled Van Horn out just before emergency crews arrived to take her to the hospital, where she underwent surgery for a spinal cord injury and a lacerated liver.

Torti testified that she had carried her friend out carefully, with one arm under her legs and one behind her back. But Van Horn said Torti had grabbed her by the arm and yanked her out.

Other witnesses said Torti had set Van Horn down next to the car, despite Torti's testimony that she was worried the vehicle would blow up.

Torti sought to dismiss the suit under a 1980 state law that bars damage suits against anyone who "in good faith, and not for compensation, renders emergency care at the scene of an emergency" - even for negligent acts that injure the victim.

Although the law does not distinguish between types of emergency care, the court majority said the context shows it was meant to be limited to medical care. The law was part of a package of legislation on emergency medical services, Justice Carlos Moreno said in the majority opinion.
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MikeBjerum

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Re: Court says Good Sam can be sued in California
« Reply #1 on: December 21, 2008, 11:43:36 AM »
I will still stop and do what I can.  I used to be an EMT, and I taught first aid, CPR, Basic EMT, and many levels of firefighter and specialized rescue.  You can't tell me that you can differentiate all levels of imminent danger at a scene.  Everything is subject to "Monday morning quarterbacking," and 20/20 hindsight.

Do the best you can, protect yourself first, care for fellow man, and require all lawyers to were identification so we can let the assholes die!
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Fatman

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Re: Court says Good Sam can be sued in California
« Reply #2 on: December 21, 2008, 11:46:52 AM »
So basically, you can give first aid and possibly injure someone by improper treatment and that's ok, but if you make an error in judgment regarding the immediate circumstantial danger to an injured person and move them to perceived safety and further injure them, you are negligent.

I love the second guessing. I side with the dissenting justices. Sorry, your car might be on fire or might not. I guess we wait until help arrives or you burn up so I don't have to worry about losing everything I've worked for. Sucks to be you, Mr. Marshmallow in a Carbeque. Hope the gas isn't on...

This will have a negative impact on being a compassionate human being.
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TAB

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Re: Court says Good Sam can be sued in California
« Reply #3 on: December 21, 2008, 11:54:37 AM »
In this case, the women deserves to be sused.

The was no imedate threat and she litterly threw her out of the car. 
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TSB

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Re: Court says Good Sam can be sued in California
« Reply #4 on: December 21, 2008, 12:44:39 PM »
I'll help when I can, if I can and if someone wants to sue me their not gonna get shit out of me anyway...Good luck getting rich off my life!  I'm sure that the government thinks I'm rich because I HAVE A JOB! 

These types of legal issues really piss me off!  The only winners in these cases are the shysters!

What do you call 100 lawyers drowning in the Detroit River?






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Re: Court says Good Sam can be sued in California
« Reply #5 on: Today at 04:07:38 PM »

Big Frank

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Re: Court says Good Sam can be sued in California
« Reply #5 on: December 21, 2008, 03:25:18 PM »
I hereby give everyone permission to help me in an emergency. Anyone who wants my help can ask for it. If you're unconcious, too bad, I don't want to get sued when you come to.
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