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Join Date: Dec 1999
Location: USA
Posts: 761
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Are there not "Good Samaratin" laws that prevent liability issues from arising in emergency situations?
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Eddie |
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Registered
Join Date: Jan 2002
Location: Long Beach CA, the sewer by the sea.
Posts: 37,601
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I have witnessed countless traffic accidents and no matter what, even if I'm closest, there is always someone running to aid the injured. I look around to be sure someone is on the phone and sure enough, someone always is.
I've never been so close to a fainter as to be able to catch them or break their fall, but I would. So that's the difference, you were the one who was first. The point is, when I see that all seems to be in order, I move on so as to not be part of a crowd of gawkers. I don't know that I'd have stepped around to get my food in this instance, but in this instance the restaurant personnel should have a plan. A plan to make the fallen patron more comfortable and a plan to restore order. |
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my mom had a stroke in the middle of San Fransisco's Go-to place for PRIME RIB.
i saw the full spectrum. some super helpful people, and even some annoyed we ruined the vibe of the meal. since i hadnt even taken a bite of the meat..not a single one!! when she stroked..i was a bit annoyed. i just needed one more minute. ![]()
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Control Group
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People suck, mostly self involved sheep.
In a situation like that, take charge and tell the ones looking at you what to do, generally they will.
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She was the kindest person I ever met |
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Join Date: May 2003
Location: Woodlands TX
Posts: 3,923
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My experience has been the opposite. When out and about I continually see people being courteous, trying to be helpful, and in the rare cases I've seen trying to help people in trouble
Two notable exceptions to the people are generally decent sentiment are: while on the internet, and while driving
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84 930 07 Exige S |
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Team California
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Denis "Pete Hegseth is not really an alcoholic, he was investigating drunk drivers at bars for the FBI." -Speaker Mike Johnson |
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BTW, as a practical matter, good samaritan laws do not apply to healthcare providers. You can be sued and your liability insurance generally does not apply unless you happen to be an ER doc
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She was the kindest person I ever met |
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Team California
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![]() Plenty of info here, all 50 states have these laws: https://www.google.com/search?client=safari&rls=en&q=do+good+samaritan+laws+apply+to+doctors&ie=UTF-8&oe=UTF-8 And every serious car accident I've ever seen in CA. has too many people trying to assist. Total BS that people are not good here but feeds some right wing political narrative, I guess.
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Denis "Pete Hegseth is not really an alcoholic, he was investigating drunk drivers at bars for the FBI." -Speaker Mike Johnson |
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Brew Master
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I did not know that. Thanks for the info Denis.
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I am more inclined to listen to an attorney than the internet on this sort of deal.
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She was the kindest person I ever met Last edited by Tobra; 06-28-2018 at 09:44 AM.. |
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Join Date: Nov 2001
Location: Denver
Posts: 9,728
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Good chance to educate yourself.
https://en.wikipedia.org/wiki/Good_Samaritan_law United States All 50 states and the District of Columbia have some type of Good Samaritan law. The details of good Samaritan laws/acts vary by jurisdiction, including who is protected from liability and under what circumstances.[24] The 1996 Federal Emerson Act was intended to encourage donations of food and grocery products that meet quality and labeling standards imposed by federal, state and local laws and regulations, by protecting the donor and the recipient agency against liability, excepting in the case of gross negligence and/or intentional misconduct. Prior to passage of the Emerson Act differences in language and applicability between states often discouraged national and regional companies from donating, resulting in otherwise usable food being sent to landfills. The 1998 Aviation Medical Assistance Act also provided coverage for "Good Samaritans" while in flight (Section 5b) [25] |
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Again, I am more inclined to listen to an attorney regarding legal matters. I know what the law is in Texas and California with respect to this.
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She was the kindest person I ever met |
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Registered
Join Date: Nov 2001
Location: Denver
Posts: 9,728
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Sorry I forgot to throw that in. |
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Team California
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![]() He would be just the guy to let someone choke to death because he misunderstood the law. Physicians and other medical professionals are exempt like everyone else in emergency situations as long as it’s a true, random emergency and they are not treating the stricken person as a regular patient. The only way he’d be liable is if one of his regular patients started screaming out in pain from bunions on a cross country flight and he applied the wrong Dr. Scholl’s pads.
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Denis "Pete Hegseth is not really an alcoholic, he was investigating drunk drivers at bars for the FBI." -Speaker Mike Johnson |
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least common denominator
Join Date: Aug 2001
Location: San Pedro,CA
Posts: 22,506
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And this could be part of the problem, your average Joe doesn't know about the good Sam law.
And +1 on asking for help, a lot of people may not have first aid and have no idea of what to do in an emergency (another good reason to send your kids to Scouts).
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Gary Fisher 29er 2019 Kia Stinger 2.0t gone ![]() 1995 Miata Sold 1984 944 Sold ![]() I am not lost for I know where I am, however where I am is lost. - Winnie the poo. |
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Get off my lawn!
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Glen 49 Year member of the Porsche Club of America 1985 911 Carrera; 2017 Macan 1986 El Camino with Fuel Injected 350 Crate Engine My Motto: I will never be too old to have a happy childhood! |
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I talked to them about it before there was a possibility the situation could occur. Seems like that would be obvious to anyone who read the post to which you were responding, but apparently not. Quote:
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She was the kindest person I ever met |
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Join Date: May 2003
Location: Woodlands TX
Posts: 3,923
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Or take a calculated risk, in the name of conscience and integrity to help somebody in need if the occasion should arise.
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84 930 07 Exige S |
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Team California
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Lawyers are like doctors. “What do you call the guy who graduated last in his class from med school?” “Doctor.” ![]()
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Denis "Pete Hegseth is not really an alcoholic, he was investigating drunk drivers at bars for the FBI." -Speaker Mike Johnson |
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