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Old 12-20-2008, 04:17 PM
 
Location: Here
10,866 posts, read 11,940,590 times
Reputation: 5986

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Hope this hasn't been posted yet. Pretty pathetic story.

Calif. Court: Would-be Good Samaritan can be sued

LOS ANGELES – Proving that no good deed goes unpunished, the state's high court on Thursday said a would-be Good Samaritan accused of rendering her friend paraplegic by pulling her from a wrecked car "like a rag doll" can be sued.

California's Supreme Court ruled that the state's Good Samaritan law only protects people from liability if the are administering emergency medical care, and that Lisa Torti's attempted rescue of her friend didn't qualify.

Justice Carlos Moreno wrote for a unanimous court that a person is not obligated to come to someone's aid.

"If, however, a person elects to come to someone's aid, he or she has a duty to exercise due care," he wrote.

Calif. Court: Would-be Good Samaritan can be sued - Yahoo! News (http://news.yahoo.com/s/ap/20081218/ap_on_re_us/samaritan_protection - broken link)
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Old 12-20-2008, 04:24 PM
 
Location: Florida
19,823 posts, read 19,916,125 times
Reputation: 23232
"Hi.I'd like to help you. Let me run and take a couple of crash courses(no pun intended) and then I'll be right back"
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Old 12-20-2008, 04:25 PM
 
Location: SW France
14,260 posts, read 14,147,026 times
Reputation: 27916
Having read this twice in order to get my head round the apparent stupidity of this, I can only surmise that all of this is to do with insurance claims.

The world has gone truly mad.
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Old 12-20-2008, 04:26 PM
 
Location: Moon Over Palmettos
5,975 posts, read 17,597,201 times
Reputation: 5009
California is going fast and furious into the looney bin!
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Old 12-20-2008, 04:32 PM
 
Location: The Chatterdome in La La Land, CaliFUNia
38,888 posts, read 20,174,085 times
Reputation: 35917
Quote:
Originally Posted by bibit612 View Post
California is going fast and furious into the looney bin!
Yeah ... unfortunately my state rarely demonstrate common sense. Well... I better start praying that I never find myself in a predicament where I need the assistance of bystanders as insanity like this would cause people to not offer help.:sm ack:
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Old 12-20-2008, 04:35 PM
 
Location: Virginia Beach
7,450 posts, read 5,819,196 times
Reputation: 2170
I can see the sense of this. Really, I can. If the person caused more injury by helping another, then they SHOULD be held responsible for the additional costs of their medical bills.
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Old 12-20-2008, 04:37 PM
 
Location: The Chatterdome in La La Land, CaliFUNia
38,888 posts, read 20,174,085 times
Reputation: 35917
Quote:
Originally Posted by Langlen View Post
I can see the sense of this. Really, I can. If the person caused more injury by helping another, then they SHOULD be held responsible for the additional costs of their medical bills.
Well... Let's hope that bystanders would not be reluctant to help from now on when help is needed.
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Old 12-20-2008, 04:39 PM
 
Location: Virginia Beach
7,450 posts, read 5,819,196 times
Reputation: 2170
Quote:
Originally Posted by msconnie73 View Post
Well... Let's hope that bystanders would not be reluctant to help from now on when help is needed.
However, they should be ready to accept the consequences of their actions if they cause more injury.
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Old 12-20-2008, 04:48 PM
 
Location: Florida
19,823 posts, read 19,916,125 times
Reputation: 23232
Quote:
Originally Posted by Langlen View Post
However, they should be ready to accept the consequences of their actions if they cause more injury.
I just hope I never face the situation where I have to weigh my legal liability against the instinct to help somebody out of a potentially fatal situation.
Or that somebody else will decide not to help me.
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Old 12-20-2008, 04:49 PM
 
Location: Virginia Beach
7,450 posts, read 5,819,196 times
Reputation: 2170
Quote:
Originally Posted by old_cold View Post
I just hope I never face the situation where I have to weigh my legal liability against the instinct to help somebody out of a potentially fatal situation.
Or that somebody else will decide not to help me.
I agree, I'm not condoning the action, I can just see the reasoning behind it.
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