Monday, November 12, 2018

Intentions don't count

Intentions are not the same as actions
One of the hardest things I do all day is not to noticeably cringe (or laugh out loud).  For example, the other day this lady comes in.  Seems she was on her way to a lunch party when she came upon an accident.  Good heart that she has/had she got out to see if she could help.

Walking up to the scene, she found one person laying outside their vehicle.  The person was beat-up and barely conscious. Lady, feeling bad for the person, sees a jacket in the back of the vehicle and puts it under his head as a pillow, promised to find help, and left.

Again on her way to the lunch party, lady calls 911.  A few months later, she is served with a complaint for negligence.  What?!?  I'm being sued?!??!  I was just trying to help and he sues me?!?!?!??!??!?!??!?

Yes, yes he is/was.  Lady asks if there isn't some good Samaritan law that speaks to the immunity of persons who stop to help injured people.  The law of which she is referring is California Heath & Safety Code Section 1799.102, which reads (in part):
No person who in good faith, and not for compensation, renders emergency medical or nonmedical care at the scene of an emergency shall be liable for any civil damages resulting from any act or omission...other than an act or omission constituting gross negligence or willful or wanton misconduct.
Turns out that when lady put the jacket under the person's head, she inadvertently injured the person's neck (at least, that's what the injured person alleged).  I suspect she didn't mean to hurt the guy but these things happen, right? Probably wouldn't have been an issue if she had just kept driving.

Anyway, lady is freaking out and best I can suggest she take a look at is:
I suspect the moral to this story is if you see someone injured on the side of the road, keep driving.  If you do stop, don't touch anything or anyone.  Blood gushing out, don't touch 'em - call 911 and,....oh, heck, look straight ahead and just keep driving.  

A bit harsh?  Yes, yes it is - but when you live in a land fraught with lawsuit fever, that's just how it goes.

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