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Automotive News & Views Inconsiderate Drivers (share your stories, etc.)
14391 messages, Last post on Nov 28, 2009 at 4:26 PM
You are in the Automotive News & Views Forum. Your Hosts are steve_ & claires
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Replying to: steve_ (Dec 29, 2008 11:16 am) CHILLING comes to mind. ANYBODY contemplating such actions should really check with their CAR insurance companies and other liability policies; as they are the usual suspects, if you are sued for automotive "Good Sam" actions. Good Sam might turn out to be the likes of New Yorkers in apartment houses hearing seeing and witnessing someone getting slaughtered and doing the three monkeys imitations: hear see speak (no evil) NADA. Bottom line is you can NOT get sued for doing NADA. As those New Yorkers can tell you.   
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Replying to: ruking1 (Dec 29, 2008 11:23 am) The case goes back to the trial court for further proceedings. "If it's not an emergency that requires quick thinking to avoid serious injury," Perrochet said, "then one should apply the regular rule that if you offer aid you'd better be doing it non-negligently." law.com I think this case is going to get bent out of shape about as bad as the McDonald's coffee one did.
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Replying to: steve_ (Dec 29, 2008 11:26 am)  I truly chose the wrong profession !! The way I read the legal blog is that unless one is a professional ( ER doctor going to work  the time one come up on incident, paramedic, etc) and have legal advice and financial liability coverage and updated training for that particular proceedure, proper tools and equipment, logistical back up.... and, and, and...... one direly risks financial health and welfare ! Forewarned is truly fore armed. One's insurance company MIGHT not take too kindly paying for one's "good deeds".
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Replying to: ruking1 (Dec 29, 2008 12:25 pm) Good blurb at Wiki Answers. In the California case, I think the reckless part is the issue.
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Replying to: steve_ (Dec 29, 2008 12:45 pm) |
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Replying to: jensad (Dec 28, 2008 8:39 pm) Stop to check, but keep an alert and watchful eye that some other Bozo doesn't take the turn to fast, slide off the road and run you over. I've seen it happen before... on t.v.
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Replying to: jipster (Dec 29, 2008 1:12 pm) |
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Replying to: steve_ (Dec 29, 2008 12:45 pm) What may be interesting is will the judge charge the jury as to what is "recklessness" within the scope of the samartian's duty of due care as a "reasonable and prudent" helper at accident scenes? This may start the maze of appeals and SC of Cal future decisions. As my British friend used to say, " a sticky wicket". I remember an insane man ran across the IS 80 freeway and got his leg knocked off at about midnight. He said later he was trying to commit suicide. I observed a RN, in full white uniform (and hat) who was going to work at a hospital in Oakland, who stopped to aid him. Indeed she kept him alive. She stopped the bleeding and was holding him with her body and arms, while they both sat in the center divider of IS 80. I stopped and assisted. When the ambulance arrived we loaded him into the ambulance and I picked up his severed leg, placed it in the ambulance, and at the hospital they put it back on and he walked again. Had this decision been in effect years ago, the question might be, was the RN reckless in rendering assistance, or was she a reasonable and prudent off duty pofessional in saving his life? I don't know. My guess is probably not, But this case may now rewrite the law ala by the jury in the lower court. What will happen the "good samertain" who stops but now decided not to assist out of fear of law suits? what a can of worms? At least to me, the Host's friend the RN makes a lot of sense to me. Especially if your are not acting in a profesional situation but as a private citizen. And that is JMO, a very sad thing to see. Please forgive my spelling as I was too busy to run a check. Good luck to all and may the new year be peaceful for you and your loved ones. jensad |
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Replying to: steve_ (Dec 29, 2008 12:45 pm) My sister, a medical doctor, won't even look towards the patient for fear of a lawsuit. Just the very act of evaluating a patient could expose you to a lawsuit if you are a medical professional.
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Replying to: snakeweasel (Dec 29, 2008 6:01 pm) Does her medical mal practice insurance cover her "errors and ommissions" ? Is there any liability for her picking and choosing?
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