To Rescue, or not to Rescue - that is the question.

[jaycanwk]

"""Like many, in your desire to blame lawyers and the legal system you have chosen to ignore the facts. """

I fully understand the concept of negligence as it applies to this specific case. I also fully understand the limits within which the court made it's decison in this particular case.

However, that may not be your case. Your case may be quite different than you anticipated. Once you make the decision to act, the possibility of negligence can happen at anytime. Things can go wrong.

Further,

......First, you can be sued for anything. ANYTHING. Suits with no merit at the outset get dismissed........

.....See, in the real legal system, instead of the pretend one most people think they live in, plaintiffs actually have to prove something, they don't just get to ruin your life without actual proof.......

Indeed.

How high exactly is that burden of proof? How good is your lawyer? How good is theirs? How smart is the jury?

I'm wondering if any of the legal experts on the board can cite some cases for us that may demonsrtate the level of proof.

 

[Thalassamania]

If you need to hesitate, and review your insurance, and your mortgage, and call your lawyer, as you stand on the shore prevaricating about risking you life to save someone else ... then do us all (including the victim): don't bother. Take your angst over being unable to act spontaneously to a therapist of some sort.

 

[msg]

Not having all of the facts makes it harder to determine how one would handle such an event. It sounds as if the "good Samaritan" acted in an ignorant manor. If he was intoxicated, of course his judgment was impaired, but he is still responsible for his actions. Perhaps the plaintiff in the case asked to be left alone or that they would wait for the EMT's, but it wasn't stated.

As for whether or not I would risk a rescue, I would like to think that I would try to help someone out. Until the situation arose, I am just not sure if I could positively respond yes to the question. Of course for close friend or family, it would be a no brainer.

I do however, think that there are too many people itchy to sue over stupid matters. This in turn make legitimate cases seem to be foolish. At first glance the case in question seems foolish, until ALL facts are know.

 

[boulderjohn]

However, that may not be your case. Your case may be quite different than you anticipated. Once you make the decision to act, the possibility of negligence can happen at anytime. Things can go wrong.

We can always invent hypothetical cases in which absurd things can happen. The fact that we have to go to these hypothetical cases to make our points rather than real ones suggests that the hypothetical situation is extremely unlikely. If it were likely, we would have real examples to which we we point.

There was a thread a year or so ago that dealt with a lawsuit related to a diving death. Once we got past all the hypothesizing and looked at the real facts in the case, it was (like this one) pretty clear that the person being sued richly deserved it. No one defended his actions. People posting continued to hypothesize about how it could happen to them in their pure innocence.

Finally, an attorney did a search for similar cases. As I recall, the only other case he could find involved one in which the case thrown out of court before it went anywhere. There were, however, still many posts thereafter in which people imagined hypothetical situations sure to terrorize anyone to a state of paralysis.

I fear no boogie men. If you are near me and in need of rescue, you can be sure I will give you everything I have.

 

[NudeDiver]

I fear no boogie men. If you are near me and in need of rescue, you can be sure I will give you everything I have.

Can you just give me the cash up front, now - so we can afford all the drama of you having to rescue me, the court case, appeals, etc? Less stress for everyone.

 

[scubadada]

Sorry, as a physician and a human being, I would attempt to aid any individual in distress.

Good diving to you all, Craig

 

[InTheDrink]

It's annoying. The law exists or its rationale to exist, is to facilitate smooth and fair social and civil interaction. Coming to the aid of your fellow man (or more importantly, when your fellow man comes to your aid) would clearly seem an objective of a good civil society, for which the law should be a lubricator. That it has come to this, where people are scared to help each other, or adults are scared to help a lost child, is a sad indictment indeed of the direction of society.

Mistakes will be made. Accidents happen. And people may one day wake up.

 

[NudeDiver]

It's annoying. The law exists or its rationale to exist, is to facilitate smooth and fair social and civil interaction. Coming to the aid of your fellow man (or more importantly, when your fellow man comes to your aid) would clearly seem an objective of a good civil society, for which the law should be a lubricator. That it has come to this, where people are scared to help each other, or adults are scared to help a lost child, is a sad indictment indeed of the direction of society.

I agree entirely. I, and many other people I know, will not even stop to have friendly talk to kids in the neighborhood, for fear of being accused of any number of things. Who knows what witnesses of such an incident will say or do - and as we know, in today's hyper-viligent society, all it takes is a mere accusation of something to ruin your life. So when little Johnny says "hello" or falls on his bike, or is wandering around looking lost, I'm just going to mind my own damned business. Unnecessary interactions with children - who - by the way, are instilled with fear at every turn when they are told "don't talk to strangers" and to be wary of everyone? No thanks. It's just not worth the risk. This is the training I have received from society.

 

[InTheDrink]

Nude Diver - Is that the arson thing again? Seems to have made an impression on you - not unsurprisingly.

But the key thing is to never let the bastards grind you down - and being defeatist about assisting other people is doing just that.

 

[NudeDiver]

Nude Diver - Is that the arson thing again? Seems to have made an impression on you - not unsurprisingly.

No - I escaped that relatively unscathed, as far as I can tell. So far.

But the key thing is to never let the bastards grind you down

Oh, well hell, I was ground down a long time ago. Now I'm just a humble stub of a potentially useful member of society, just trying to hang on to what little I have.