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A good samaritan in legal terms refers to someone who renders aid in an emergency to an injured person on a voluntary basis. Usually, if a volunteer comes to the aid of an injured or ill person who is a stranger, the person giving the aid owes the stranger a duty of being reasonably careful. A person is not obligated by law to do first aid in most states, not unless it's part of a job description. However, some states will consider it an act of negligence though, if a person doesn't at least call for help. Generally, where an unconscious victim cannot respond, a good samaritan can help them on the grounds of implied consent. However, if the victim is conscious and can respond, a person should ask their permission to help them first.
NEW LONDON, Conn. -- A woman is suing the town whose police divers saved her from drowning. Barbara Connors is suing the town of Old Saybrook, Connecticut, saying she was rescued too late to prevent serious brain damage. The Massachusetts woman was in her son-in-law's sport utility vehicle when it jumped a curb, went through a chain-link fence and plunged into the Connecticut River. Connors was unconscious and in cardiac arrest when divers pulled her from the water. The son-in-law escaped the sinking vehicle and was picked up by the crew of a passing boat. Connors is also suing him. Among other things, the suit claims the town failed to provide appropriate guardrails and equipment needed by police divers. It says the 75-year-old woman has brain damage and must be cared for in a nursing home for the rest of her life.
A woman who was pulled from her crashed vehicle by a friend who feared it was going to explode is to sue her saviour after a US court ruled that her actions were not of a medical nature and may have worsened the injuries already sustained. The 2004 car crash on Topanga Canyon Boulevard inflicted spinal injuries to Alexandra Van Horn and it is alleged that by yanking her from the vehicle "like a rag doll", friend Lisa Torti caused further injury, leaving the victim a paraplegic. The case raises issues concerning the liability faced by Good Samaritans who could be sued for saving a person in a way which did not include revival or other forms of lifesaving medical treatment at the scene.
No good deed goes unpunished, or so goes the saying. Such was the case with Lisa Torti, who is being sued for pulling a now-paralyzed friend from the wreckage of a Los Angeles car accident in 2004. The victim's lawyers claim the Good Samaritan bumbled the rescue and caused injury by yanking her friend "like a rag doll" to safety. But Torti -- now a 30-year-old interior designer from Las Vegas -- said she thought she had seen smoke and feared the car would explode. She claims she was only trying to help her friend, Alexandra Van Horn, and her own life has been adversely affected by the incident. "I know [Van Horn] has a lot of financial issues and her life has changed," she said. "But it's not my fault. I can't be angry at her, only the path she has chosen to take. I can only pray it helps her." "I don't have any more fight left," Torti told ABCNews.com, choking back tears. "It's really emotional." The California Supreme Court ruled this week that Van Horn may sue Torti for allegedly causing her friend's paralysis. The case -- the first of its kind -- challenges the state's liability shield law that protects people who give emergency assistance.
Originally posted by stinavamp
I'm gonna play devil's advocate here, not to say what they did was right by no means. The thing is you can sue anybody in this country for any reason. You can lose your whole livelyhood by saving someone's life. Not too long ago,if I can find it I'll post it, an off duty police officer rescued a woman from jumping off a bridge. In the process she broke her leg. The poor fellow not only lost his job but has to pay this woman an unreasonable amount of money.All these frivolous lawsuits make it hard to want to help anybody. Knowing that your family will suffer because you gave a damn about someone else is wrong.The world we live in is a sad sad place.
Originally posted by beezzer
reply to post by Vortiki
A long term solution to a short-term problem.
Only my opinion.
Originally posted by Vortiki
While this may be true, and you are by all means entitled to believe whatever you so wish, this man chose what he wanted. I respect his choice to end his own life as much as I respect your opinion. It was his life and his choice what to do with it. He chose to end it, and I cannot help, but feel that even if he were "saved" by someone from drowning, he would have found other means to do the deed.
Originally posted by beezzer
This makes me sick. How pathetic have we become to stand and watch someone drown just because of "certification"?
It's stories like this that make me wish for planet Nirubu or what the hell it's name is!!!
Our society is finished if this continues!!!
What ever happned to Good Samaritan Laws?
What ever happened to human kindness and decency?
Where have all our heros gone?
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