would you be a Good Samaritan

jjbirch · 12-22-2008, 01:40 PM

seen this on yahoo

A court in the United States has ruled that a would-be Good Samaritan accused of rendering her friend paraplegic by pulling her from a wrecked car can be sued.
The Supreme Court of California has declared that the state's Good Samaritan law only protects people from liability if they are administering emergency medical care.

Justice Carlos Moreno ruled 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.

According to the lawsuit, on 1 November 2004 Alexandra Van Horn was in the front passenger seat of a car that crashed into a lamp post at 45 mph. Lisa Torti was a passenger in a car that was following Van Horn and stopped after the crash.

According to Torti she feared the wreckage was going to explode and she therefore pulled her friend out. Van Horn has testified that Torti pulled her out of the wreckage ‘like a rag doll' and blamed her for her paralysis.

Torti argues that she should be protected from a lawsuit because she was giving ‘medical care' when she pulled Van Horn from the car.

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

BzsBimmer · 12-22-2008, 01:45 PM

I agree with the law as it's stated. Medical care was not being given and so the lawsuit should be allowed to go on.
I don't agree with the spirit of the actions. A good Samaritan should not be held liable for trying to help unless it was without regard to life and health ie someone intoxicated and "helping" making things worse.
Hopefully with this lawsuit, we can get this amended to cover medical and non medical.

Many years back, someone got sued for giving mouth to mouth and cracking a rib in the process. I think that was the case that changed the above ruling. Maybe this will change it as well.

deletedelete · 12-22-2008, 01:54 PM

......only in America

ed335d · 12-22-2008, 02:05 PM

Quote:

Originally Posted by Prowess Symphony

......only in America

And that's coming from an American!

beemerbird · 12-22-2008, 02:11 PM

Quote:

Originally Posted by Prowess Symphony

......only in America

You read my mind mate.

willhollin · 12-22-2008, 02:13 PM

I go with answer C.

jjbirch · 12-22-2008, 02:14 PM

Quote:

Originally Posted by willhollin

I go with answer C.

ill say shoot them and ask questions later

Mark II · 12-22-2008, 02:25 PM

It's a twisted world we live in.

Does provoke further thought though: I mean, if the car did explode and the driver attempting to assist the injured party had been injured by shrapnel, could she sue the injured driver (or her estate) for damages?

BTW: I'm not a solicitor (lawyer), just playing devils advocate

SoYank · 12-22-2008, 03:08 PM

I bet they're not friends anymore. I wonder what Van Horn's family would do if Torti had not tried to aid her "friend" and the car burst in flames and Van Horn had died. Future "Good Samaritans" will view this case and figure it's not worth the risk.

12-22-2008, 01:40 PM	#1
jjbirch Banned 75 Rep 2,927 Posts Drives: E60 530D M SPORT Join Date: Feb 2006 Location: england iTrader: (0) Garage List 2006 320d m sport [0.00]	would you be a Good Samaritan seen this on yahoo A court in the United States has ruled that a would-be Good Samaritan accused of rendering her friend paraplegic by pulling her from a wrecked car can be sued. The Supreme Court of California has declared that the state's Good Samaritan law only protects people from liability if they are administering emergency medical care. Justice Carlos Moreno ruled 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. According to the lawsuit, on 1 November 2004 Alexandra Van Horn was in the front passenger seat of a car that crashed into a lamp post at 45 mph. Lisa Torti was a passenger in a car that was following Van Horn and stopped after the crash. According to Torti she feared the wreckage was going to explode and she therefore pulled her friend out. Van Horn has testified that Torti pulled her out of the wreckage ‘like a rag doll' and blamed her for her paralysis. Torti argues that she should be protected from a lawsuit because she was giving ‘medical care' when she pulled Van Horn from the car. http://uk.news.yahoo.com/blog/editor.../article/9758/
	Appreciate 0 Tweet Quote

12-22-2008, 01:45 PM	#2
BzsBimmer Major General 3274 Rep 6,723 Posts Drives: '23 G80 FO M3, M3 & MY Tezzy's Join Date: Mar 2006 Location: Nor. Cal iTrader: (32)	I agree with the law as it's stated. Medical care was not being given and so the lawsuit should be allowed to go on. I don't agree with the spirit of the actions. A good Samaritan should not be held liable for trying to help unless it was without regard to life and health ie someone intoxicated and "helping" making things worse. Hopefully with this lawsuit, we can get this amended to cover medical and non medical. Many years back, someone got sued for giving mouth to mouth and cracking a rib in the process. I think that was the case that changed the above ruling. Maybe this will change it as well.
	Appreciate 0 Quote

12-22-2008, 01:54 PM	#3
deletedelete Major General 361 Rep 5,873 Posts Drives: m Join Date: Nov 2008 Location: usa iTrader: (14) Garage List 2013 e92 M3 [0.00] 2011 e93 M3 (sold) [0.00] 2009 335xi (sold) [0.00]	......only in America __________________ ---> Click For xi/xDrive Suspension Compatibility List <---
	Appreciate 0 Quote

12-22-2008, 02:13 PM	#6
willhollin Major General 268 Rep 9,915 Posts Drives: VW T5 Join Date: Apr 2008 Location: Worcestershire iTrader: (1) Garage List 2007 BMW E92 330d SE [10.00] 2010 Transporter T5 ... [0.00]	I go with answer C. __________________
	Appreciate 0 Quote

12-22-2008, 02:25 PM	#8
Mark II The Grim Reapers Love Child 49 Rep 515 Posts Drives: BMW e92 M-Sport Coupe Join Date: May 2008 Location: A little bit left of Sane, near Tongue in Cheek. iTrader: (0)	It's a twisted world we live in. Does provoke further thought though: I mean, if the car did explode and the driver attempting to assist the injured party had been injured by shrapnel, could she sue the injured driver (or her estate) for damages? BTW: I'm not a solicitor (lawyer), just playing devils advocate __________________ Mark II Previous: e92 M-Sport. TiAg. Black Dakota. Creamy 6cyl diesel. Stage II Tune. Performance exhaust. K&N. Auto+paddles. Quaife LSD. BMW BBK+Cool Carbon S/T. Goodridge. 19" Breyton Race GTS. Vredesteins. M3 lip. Prof nav. Xenons. Voice. Sun protection. Pdc. etc..
	Appreciate 0 Quote

12-22-2008, 03:08 PM	#9
SoYank Major General 571 Rep 7,519 Posts Drives: 2009 E90 335i MT Join Date: Mar 2006 Location: Vinton, Virginia iTrader: (1) Garage List 2009 BMW E90 335i S ... [9.00]	I bet they're not friends anymore. I wonder what Van Horn's family would do if Torti had not tried to aid her "friend" and the car burst in flames and Van Horn had died. Future "Good Samaritans" will view this case and figure it's not worth the risk. __________________ **2009 E90 335i Montego Blue · Black Leather · Burl Walnut · 6MT · US Spec** SatNav • ZPP • ZCW • 6FL • TPMS • iDrive • PDC • HWS • Xenons • BMW Assist • Power Rear Sunshade • Logic 7 European Taillights • Rear Foglamp • OEM Alarm • PicoTray • DataToys XM-DVR • Multi-view Processor Quaife ATB LSD • Short Shift Knob • Hartge Anti-Roll Bars • AP Racing Front Brakes • 19" Style 269
	Appreciate 0 Quote