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Don't help anyone

Discussion in 'Alley of Dangerous Angles' started by Shoshino, Dec 22, 2008.

  1. Shoshino

    Shoshino Irritant Veteran

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    http://uk.news.yahoo.com/blog/editors_corner/article/9758/

    Im going to remember that, I always thought it was against the law to not render aid if you are able, but hey
     
  2. coineineagh

    coineineagh I wish for a horde to overrun my enemies Resourceful Adored Veteran

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    [​IMG] That damnable lawyer culture in the states is just making things worse for everybody.
     
    The Great Snook likes this.
  3. Montresor

    Montresor Mostly Harmless Staff Member ★ SPS Account Holder

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    [​IMG] If I ever go to California, I'll have to remember to have traffic accident victims sign a waiver before I'll help them. :bad:

    It is a crime in Denmark. Probably also in the UK.
     
  4. Splunge

    Splunge Bhaal’s financial advisor Adored Veteran Pillars of Eternity SP Immortalizer (for helping immortalize Sorcerer's Place in the game!) Torment: Tides of Numenera SP Immortalizer (for helping immortalize Sorcerer's Place in the game!)

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    I’m not familiar with the circumstances here, but it seems to me that the judge has only said it’s OK to sue. He's not ruling on the case, but just generally saying that calling yourself a good samaritan doesn't give you license to do whatever you want. Presumably, the injured woman still has to prove that:

    1. the “good samaritan” went overboard in her attempts to rescue the woman, and
    2. the woman’s injuries were caused by the other person, and not by the crash itself.

    While I agree that, on the surface, it seems a bit silly, and is in keeping with the lawsuit-happy image that the U.S. has, I’m not sure that there isn’t some merit in allowing the case to go forward.
     
  5. Blackthorne TA

    Blackthorne TA Master in his Own Mind Staff Member ★ SPS Account Holder Adored Veteran Pillars of Eternity SP Immortalizer (for helping immortalize Sorcerer's Place in the game!) New Server Contributor [2012] (for helping Sorcerer's Place lease a new, more powerful server!) Torment: Tides of Numenera SP Immortalizer (for helping immortalize Sorcerer's Place in the game!)

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    Except that the whole point to Good Samaritan laws is to keep bystanders from being hesitant to help out someone in need. Allowing this lawsuit to go forward defeats the whole purpose of having the law.
     
  6. Taza

    Taza Weird Modmaker Veteran

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    If there's any justice in the world, the moron will suffer.

    The moron in this case is the "Good Samaritan", who caused permanent neural injury by not having a clue about what she was doing.

    Hey, if I amputated and cauterized someone's leg because it had a threatening-looking wound with necrosis - would I be covered by this law?

    Answer: Hell no. It's meant to protect people who know something about medicine - and that's a damn good goal.

    If you want to help me after a car crash and you're upset this moron gets sued - please don't. I don't want to end up like the poor victim, unable to walk.
     
  7. dmc

    dmc Speak softly and carry a big briefcase Staff Member Distinguished Member ★ SPS Account Holder Resourceful Adored Veteran New Server Contributor [2012] (for helping Sorcerer's Place lease a new, more powerful server!)

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    BTA - what if I came by and pulled someone out through a broken window (the door wouldn't open) and the broken shards of glass lacerated the person so he bled to death? What if I pulled the person out by the hair, head or neck and did incredible damage to the spinal column.

    I was trying to help (this assumes no intent to harm, just negligence on my part). Does that mean I am totally protected? Should I be?
     
  8. Blackthorne TA

    Blackthorne TA Master in his Own Mind Staff Member ★ SPS Account Holder Adored Veteran Pillars of Eternity SP Immortalizer (for helping immortalize Sorcerer's Place in the game!) New Server Contributor [2012] (for helping Sorcerer's Place lease a new, more powerful server!) Torment: Tides of Numenera SP Immortalizer (for helping immortalize Sorcerer's Place in the game!)

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    I don't know; should you be?

    Would you like someone to stand by while you were drowning for fear you would sue them if they did something wrong like left you with a scar?
     
  9. dmc

    dmc Speak softly and carry a big briefcase Staff Member Distinguished Member ★ SPS Account Holder Resourceful Adored Veteran New Server Contributor [2012] (for helping Sorcerer's Place lease a new, more powerful server!)

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    Realistically, I don't know the answer. I think, practically, that someone who is inclined to be a good samaritan is going to do it no matter what the law says. I think, also, that someone who is such an idiot that he or she kills or seriously maims the person he or she is trying to help maybe should not be completely protected.
     
  10. T2Bruno

    T2Bruno The only source of knowledge is experience Distinguished Member ★ SPS Account Holder Adored Veteran New Server Contributor [2012] (for helping Sorcerer's Place lease a new, more powerful server!) Torment: Tides of Numenera SP Immortalizer (for helping immortalize Sorcerer's Place in the game!)

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    I read a little about this before. The injured woman had a potential spinal injury during the accident. The "good samaritan" decided to pull the injured woman from the vehicle -- with full knowledge of the spinal injury -- in a manner described as "like a rag doll." While the accident caused injury to the spine, the "good samaritan" severed the spinal cord. There was no pressing need to pull the victim from the accident.

    In this case there was gross negligance on the part of the "good samaritan."
     
  11. 8people

    8people 8 is just another way of looking at infinite ★ SPS Account Holder Adored Veteran

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    [​IMG] Ignorence and folly should not be suffered under the pretense of good intentions if it leads to the suffering of another.

    Smaritans should be obliged to call for assistance of a professional sort, taking ermgancy guidance where neccessary, NOT rushing in to appear the hero when something bad happens.

    While I consider the "omg sue everyone!" culture abhorrant in most instances, this is a case I think there is a responsible party who should compensate the (potentially) irrepairable damage caused for effectively trying to gain buddy points.
     
  12. martaug Gems: 23/31
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    Nope just stand back & watch them burn to death in the wreckage when it catches on fire.
    When they yell at you to help them out, just tell'em "sorry, you want to sue us for saving your miserable a**. goodbye."

    I don't think i could ever help anybody again after hearing about this crazy ruling.
     
  13. NOG (No Other Gods)

    NOG (No Other Gods) Going to church doesn't make you a Christian

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    Personally, I blame Hollywood for this. Why? In reality, cars don't blow up unless you hit them with an explosive device. Even if the gas tank is leaking and the gas is heading toward a fire, you'll likely get no more than burning (in a semi-controlled area). In Hollywood movies and TV, though, if a car hits a rabbit, the car goes up like a mini-nuke. With that in mind, I have encountered many, many people that feared a car would explode after an accident based purely on TV and movies. It's been somewhat burned into the American psychie that, if a car is hit hard enough, it blows up.

    If the woman really feared the car would explode, she's guilty of being gullible and an idiot, but she did have 'legitimate reason to fear for the victim's life'. How that plays into things, I'm not sure, but I'm sure it does somehow.
     
  14. Taza

    Taza Weird Modmaker Veteran

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    Please don't. Please, please don't.

    I for one do not want help from one of your kind. Hollywood doesn't exactly accurately represent reality and spinal injuries are often irreparable. I'll rather take my chances with a burning car.

    ---------- Added 0 hours, 6 minutes and 39 seconds later... ----------

    It's been tested by the Mythbusters as well. You need tracer rounds so that even a direct shot to the gas tank blows it up. And a burning engine doesn't mean the car is going to explode, either.

    Cars can burn but you need a LOT to make them explode, and even then it isn't half as destructive as movies would have you believe.
     
  15. Carcaroth

    Carcaroth I call on the priests, saints and dancin' girls ★ SPS Account Holder

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    Interesting, I thought there was a legal requirement in Britain to give help - the "duty of care". However, from what I can find on T'internet, the duty of care doesn't mean that you have to give aid or be a good samaritan.

    From what I can tell, rendering aid without having suitable training could leave you open to being sued.
     
  16. Chandos the Red

    Chandos the Red This Wheel's on Fire

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    Why, because people are too stupid to figure out that a movie may not represent reality? You are right about that part of it. But what is Hollywood supposed to do when people can't figure that much out on their own?
     
  17. starfox64 Gems: 12/31
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    But on the other side, if you didn't help and just watched them suffer and/or die... wouldn't they or their family sue you for not helping?
     
  18. 8people

    8people 8 is just another way of looking at infinite ★ SPS Account Holder Adored Veteran

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    [​IMG] Only for 'Malicious Negligence' :rolleyes: If you are the only witness and do absolutely nothing you are held responsible. Same as if you refuse to call an ambulance for someone having a heart attack on your property or do not stay at the site of a traffic accident where you are involved or a major witness.
     
  19. Ragusa

    Ragusa Eternal Halfling Paladin Veteran

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    You know the one about the eagle scout who helped an old lady over the street, commenting: That ungrateful, wretched old hag didn't stop kicking and screaming even after she arrived on the other side ... but as I always say - every day a good deed!, no?
     
  20. Morgoroth

    Morgoroth Just because I happen to have tentacles, it doesn'

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    The first thing taught on first aid courses around here is to immidietly call 112 (or 911 in US) when you come across someone who has had an accident, and not to do anything they don't advice you to do if you don't have the proper training. If you don't have the phone with you then go and get help. What you don't go and do is play a hero without any training since the chances are that you'll do more harm than good. Calling the emergency number and doing what you are told by them ensures that you don't get sued and you get proper guidelines on how to help. Therefore I think this lawsuit and sentence was completely justified. Playin a good samaritan is no excuse for being a complete idiot and doing harm to someone.
     
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