Originally Posted By: JohnE
. . .The case in question didn't involve a "first responder". . .

. . . you're omitting one of the major factors in this particular case, the person in question made the claim of an imminent fire to justify her negligent act, . . .

Does the term "first responder" refer only to professional EMT/MFR/Paramedics or does it refer to the first person who responds and tries to assist? I used the term to refer to the first person to the scene, not to the first professional to the scene who may be too late. That said, I'm not one of the above trained professionals. I'm just a Joe Citizen who has now been told by this case law (precedent) that "rescue efforts are the responsibility of trained professionals" and that doing nothing is both in my self interest and may in fact be the best course of action for the victim. Hence, my decision to do nothing.

Regarding your second point, did she make the claim of an imminent fire to justify her negligent act, or did she actually believe a fire was imminent? (Probable? Possible? Where is the line drawn?) This is why I don't care to be second-guessed by a jury who wasn't there.

California can remedy this by changing the law such that there is a duty to respond and then protect the responder from legal action (professional or not) unless it can be shown that he/she intentionally harmed the victim. There was no intent to harm on the part of the rescuer-wannabe, just bad judgment and perhaps seeing a danger that didn't exist.

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Better is the Enemy of Good Enough.
Okay, what’s your point??