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How is this legal?
My friends and I were having a discussion in my AP US Government class because our teacher was absent and we were bored. Anyway, one girl was telling me how, if you're not legally certified and you were to, for example, give someone CPR or the heimlich maneuver, even if you save their life, they can sue you...
She said once she was lifeguarding at a club and somehow a pingpong table fell over on a young girl and the parents wanted to sue for emotional damages or something like that. They club had to settle because their lawyer said the lawsuit could win. I just have 2 questions...
How is it legal that you could sue someone for saving your life just because they weren't certified to do so?
How is it moral to do that? Your life (or child's life) was SAVED, how are you going to morally justify suing someone... are you that cheap and can you possibly want money that much?
I suppose I might understand if someone performed one of those and the person died because (and it should be proved) it was done incorrectly... but come on.
How is this legal? I plan on asking my teacher next time I see him, but I was just curious as to what laws would justify this.
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People sue mostly because they feel they can get money out of the situation if they can find a good reason. One lady sued McDonalds because their coffee was hot when she spilled it on her lap. One man decided he could sue God just to prove you could sue anyone! Nowadays, laws for suing have been over used and corrupted to a point that you could willingly get into a fight, get yourself beat up and suing the person or people who beat you up for medical bills, emotional damage, attempt of murder, etc... all you need is a reason and a good lawyer and you could sue anyone for anything.
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well, im sure they wont sue you for saving their life, im sure they will be very grateful. but you shouldnt perform a task like that if you arent experienced or if you took a certain class. in 5th grade, i got certified for all kinds of things + believe me, if i didnt know it, i would do it all wrong. you might mess up + cause a problem, so its best to know what you are doing.
hope i helped(:
xooxxoox(:
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Unless you are ...well let me put it like this
so its easier to explain.
I am an EMT I have training in CPR and
emergency medicine. If I stop and help in
an accident and do something wrong...I can
be sued. And since people are so sue happy
anymore, this is the reason more off duty
emergency workers, doctors and nurses do
not stop and lend a hand. Sad but true.
An average citizen who is not trained is
covered under the good Samaritan act mentioned.
You are stopping and helping the best you can.
You have no training so can't be expected
to know should you do something that ultimatley
causes more damage.
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Here is a link with information on the Good Samaritan Doctrine:
[Link](Mouse over link to see full location)
ygs-29/f
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The other Advicenator is 100% correct. However this used to not be the case and someone was actually sued for trying to help, until the laws were changed (everybody take a sigh of relief)
Nowadays you have to be careful with sue happy morons. Um... Don't get me started. Okay, I'll say even how moronic they could possibly be, their life is still worth it.
Here's a scenario. Say you are walking in a forest with someone and it's just you and them. You are miles away from a hospital.
They are bit by a venomous snake.
Do you,
A: perform first aid, even though you might have failed the first aid class? After all you are that person's only hope.
B: Let them die?
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The Good Samaritan Law protects people from trying to do the best thing. This case was started when some guy got in a car crash, and someone helped him out of it, but he had to end up getting both his legs amputated. If the guy hadn't tried to help him, he would've died, like they couldn't even wait for an ambulance. So, he sued saying he'd rather be dead. But the person was just trying to do whats correct, and so the guy that sued didn't win the case. If you tried CPR on someone, they shouldn't sue you, because of course they COULD, but the chances of them winning are very unlikely seeing as you were just trying to help the victim.
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It's not. Your friend clearly knows nothing of the Good Samaritan Law, which protects those people who try to help out in the case of an emergency when someone else's life is on the line. It is intended to increase the involvement of those who are afraid to give help for fear of worsenning the situation. In other countries this law requires bystanders to assist, unless doing so would endanger themselves. Same as voting in the US, a responsibility, not a requirement. The bystanders do, however, need the consent of the one in danger to proceed, but there's implied consent if that person is unconscious.
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