So I posted my weekly question about whether or not you should sue a good samaritan for trying to help if their efforts don't turn out so well. I got a comment on that post that struck me as a very compelling question in and of itself so I thought I would turn that back around and ask that very question as another 'weekly question'.
Imagine that you were there standing by when someone was in need of help and you decided that it was either too dangerous to help or you were too concerned about the consequences of trying to help should it not work out. Now, as in the case of suing the person who did try to help, should you not then be liable to being sued for not trying to help when you could have?
This, to me, is a very interesting question as it gets at the root of your motivations for wanting to help someone. If you are able to override your initial concerns over risk to life and limb, and the potential danger of litigation should the person not appreciate your efforts, well then your motivation must be pure. If you are not able to do this and you stand by and watch them die or be gravely injured then it seems like your motivations are also made clear.
What do you think?
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Comments: 39
Sometimes things are not quite as they seem. I witnessed a car accident during a town festival once and was comforting the two ladies in the car while we waited for the police. The driver was crying hysterically.
Two men came up and started hitting on the two women, wanting them to go somewhere with them. I got up in their faces and told them to leave the ladies alone. Turns out they were plainclothes cops on duty for the festival. It was mildly embarrassing, but the cops and the women said they appreciated my efforts.
I would risk lawsuit if I would risk life and limb. The fact that I might be sued would not occur to me at that point because I would be acting on an almost purely animal level. I don't have it in me to watch someone die if I see anything I can do about it.
I mean your there...your capable and that person DIES due to your LACK of attempt.
Excellent question and I can't remember where...But I could have sworn I have read something, somewhere where someone was charged for NOT having acted.
Will try and remember...then post.
Dana
You already know what I would do!
Hum? Let me do some digging around. This is going to drive me batty if I can't remember where I read that article!
:)
http://www.accessmylibrary.com/coms2/summary_0286-10308083_ITM
I mean, C'Mon..it seems one can sue for anything anymore.
That's where you HOPE there's a Judge on the bench with high morals and knows the "loop" holes to take down those greedy leeches!
Dana, I'm with you that a society of litigation only breeds further litigation, everybody looking for there handout. In this case I wouldn't quite apply it though since the rescued party was paralyzed, which can supposedly be blamed on the rescuer. I'm not saying I agree with it, just that it is different in this instance.
Holidays Christmas Comments And Graphics
Thanks for sharing
Thanks for commenting on my sad christmas memory. It's just a memory now, but it was a formative one in my life, remember I was a small child. I try to be helpful, especially where children are concerned.
Thanks for being a nice person.
Now if I knew the victim was a lawyer I'd likely hesitate...
God Bless and have a wonderful week!