#229155 - 08/04/11 07:15 PM
Re: Sued by your rescuers
[Re: Arney]
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Old Hand
Registered: 03/03/09
Posts: 745
Loc: NC
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I roll up on an auto accident, see a trapped person in a burning car. I rescue them. Yay me. During the rescue I suffer 2d degree burns and my pants are burned beyond repair. My hospital bill is $xyz, the pants cost $20. I lose days from work.
I would expect the person's insurance to cover my expenses. Failing that, the rescuee is getting sued. If the person was driving without insurance, they assumed the risk. It's possible my insurance would cover my expenses - then under subrogation laws would sue the rescuee.
If the tables were turned, I would expect my insurance to pay the rescuers, and if they didn't would join in the suit against them.
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#229157 - 08/04/11 07:25 PM
Re: Sued by your rescuers
[Re: Arney]
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Geezer
Registered: 01/21/04
Posts: 5163
Loc: W. WA
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This is a really stupid situation.
The twit decides to commit suicide in a vehicle built (more or less) like a tank. More money than brains, obviously.
The guys did volunteer to rescue her and no one held a gun on them, but had they known she wanted to die, they could have just backed off and escaped injury themselves, and allowed the fool to die her chosen (and painful) death. But she was calling for help, so how would they know?
Although it might not have been a true suicide attempt. You'd have to be a real dimwit to attempt suicide in a Hummer. The idea comes to mind that she may have wanted to impress/control/punish the "someone" she had argued with, and used the Hummer because she felt that it would protect her enough to prevent serious injury. Not very bright.
And the guys may be having to sue her to get medical expenses paid by her insurance company (auto or homeowners), I don't know how that would work. $25,000 apiece isn't much, it sounds like the limitation on the insurance coverage. If the Tanner couple could afford a Hummer for wifey, you'd think they could shell out $50,000 to pay for the effects of the rescue.
But ending up with permanent physical problems from rescuing an idiot has got to be frustrating!
Sue
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#229164 - 08/04/11 08:46 PM
Re: Sued by your rescuers
[Re: Susan]
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Carpal Tunnel
Registered: 08/03/07
Posts: 3078
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Although it might not have been a true suicide attempt. You'd have to be a real dimwit to attempt suicide in a Hummer. The idea comes to mind that she may have wanted to impress/control/punish the "someone" she had argued with, and used the Hummer because she felt that it would protect her enough to prevent serious injury. Not very bright. Hmm, sounds like a good lawyer could sue the manufacturer of the Hummer vehicle for the unexpected results of the plaintiff's attempt to feign suicide, in that the Hummer brewed up like a Sherman Tank unexpectedly, when the vehicle was marketed by the company as being built like a tank and could easily manage a quick off road detour down an embankment into some small trees without the driver being injured.
Edited by Am_Fear_Liath_Mor (08/04/11 08:56 PM)
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#229166 - 08/04/11 08:51 PM
Re: Sued by your rescuers
[Re: ]
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Pooh-Bah
Registered: 09/15/05
Posts: 2485
Loc: California
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I've been told by a lawyer friend "If you ever decide to assist anyone only do so if they are awake and witnesses are there. Ask them if they wish to be helped and if they say yes, and witnesses see you and/or you record it you are protected." Ha, what's the use teaching CPR anymore! We'll have to trim the first aid protocol a bit. If you come across an apparently unconscious person: 1) Tap them on the shoulder and ask them loudly, "Are you OK?" 2) If no response, stop. There is nothing more to do.
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#229167 - 08/04/11 08:56 PM
Re: Sued by your rescuers
[Re: ireckon]
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Journeyman
Registered: 11/15/10
Posts: 90
Loc: Maine
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The only reasonable options here are either (1) the taxpayers or (2) the person rescued. Because I'm a fan of personal accountability, I say the person rescued should be responsible for paying damages in most cases.
Put this way, it kinda reminds me of the law in NH that allows the state to bill hikers etc. for costs associated with rescue if they negligently get themselves into trouble.
_________________________
The rhythm is gonna get you...and if it's v-tach or v-fib, the results will be shocking!
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#229171 - 08/04/11 10:08 PM
Re: Sued by your rescuers
[Re: Arney]
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Old Hand
Registered: 03/03/09
Posts: 745
Loc: NC
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On a small hijack - sorta related to asking if the person is ok - During Expert Infantry Badge testing, we were required to give one man CPR. Step one was to shake the dummy, say "Hey, are you ok?" You would then direct the instructor/grader to "Go get help". You'd then start CPR. During training, one troop thought it was funny to say "Hey, hey, are you ok? Quick, go get a pizza".
Needless to say he did it during testing. Back then it was required to pass all stations of the basic test on the first try. Troop got to wait a year to try again.
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#229186 - 08/05/11 12:49 AM
Re: Sued by your rescuers
[Re: Arney]
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Addict
Registered: 06/04/03
Posts: 450
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Out here on the Left Coast, we do not discriminate. We act like true Americans and sue everybody, especially the people who rescue us.
I've mentioned this before. I came to the aid of a female mail carrier who was attacked by the neighbor's Doberman on the sidewalk in front of my house. I heard a scream, rushed out, saw the neighbor dragging his Dobe down the sidewalk, all the while cursing it and punching it in the face with his fist. The mail carrier was badly bitten on the hand, bleeding like mad. I sat her down on my front porch, grabbed a clean towel and wrapped it tightly around her hand, and called her supervisor as she requested. While we were waiting for the supervisor to arrive, I picked up all the mail that had spilled on the sidewalk and put it back in her mailbag.
In two days, I received a letter from her attorney that she was suing me. I was told by a lawyer friend of mine that I would have been better off if I had ignored her screams in the first place.
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#229189 - 08/05/11 12:57 AM
Re: Sued by your rescuers
[Re: sotto]
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Veteran
Registered: 12/14/09
Posts: 1419
Loc: Nothern Ontario
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Out here on the Left Coast, we do not discriminate. We act like true Americans and sue everybody, especially the people who rescue us.
I've mentioned this before. I came to the aid of a female mail carrier who was attacked by the neighbor's Doberman on the sidewalk in front of my house. I heard a scream, rushed out, saw the neighbor dragging his Dobe down the sidewalk, all the while cursing it and punching it in the face with his fist. The mail carrier was badly bitten on the hand, bleeding like mad. I sat her down on my front porch, grabbed a clean towel and wrapped it tightly around her hand, and called her supervisor as she requested. While we were waiting for the supervisor to arrive, I picked up all the mail that had spilled on the sidewalk and put it back in her mailbag.
In two days, I received a letter from her attorney that she was suing me. I was told by a lawyer friend of mine that I would have been better off if I had ignored her screams in the first place. What exactly were you being sued for? From your above post, it appears that all you did was provide very basic first aid and helped pick up some mail?
_________________________
Earth and sky, woods and fields, lakes and rivers, the mountain and the sea, are excellent schoolmasters, and teach some of us more than we can ever learn from books.
John Lubbock
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#229190 - 08/05/11 12:58 AM
Re: Sued by your rescuers
[Re: sotto]
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Pooh-Bah
Registered: 04/01/10
Posts: 1629
Loc: Northern California
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Out here on the Left Coast, we do not discriminate. We act like true Americans and sue everybody, especially the people who rescue us.
I've mentioned this before. I came to the aid of a female mail carrier who was attacked by the neighbor's Doberman on the sidewalk in front of my house. I heard a scream, rushed out, saw the neighbor dragging his Dobe down the sidewalk, all the while cursing it and punching it in the face with his fist. The mail carrier was badly bitten on the hand, bleeding like mad. I sat her down on my front porch, grabbed a clean towel and wrapped it tightly around her hand, and called her supervisor as she requested. While we were waiting for the supervisor to arrive, I picked up all the mail that had spilled on the sidewalk and put it back in her mailbag.
In two days, I received a letter from her attorney that she was suing me. I was told by a lawyer friend of mine that I would have been better off if I had ignored her screams in the first place. That's horrible. What was her theory of recovery against you? Are you sure she didn't sue you merely because she couldn't identify the dog owner? I'm thinking her lawyer was being lazy and forcing you to redirect the cause of action. Either way, it's horrible.
_________________________
If you're reading this, it's too late.
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#229193 - 08/05/11 01:15 AM
Re: Sued by your rescuers
[Re: Arney]
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Addict
Registered: 06/04/03
Posts: 450
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Teslinhiker and Ireckon:
Thank you for your inquiries. Not to be a curmudgeon, but I've already wasted more time on the incident than it deserves (OK, I am a curmudgeon ;-) ). I merely mention it as a preparatory and precautionary note for any would-be rescuers in my area.
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