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12-21-2008, 04:17 PM
| #1 |
| The Bluths   Join Date: Feb 2004
Posts: 43,220
| Good Deed Goes Punished
__________________ You're So Vain...You Probably Think This Sig Is About You |
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12-21-2008, 06:26 PM
| #2 |
| Gamebreaker  Join Date: Mar 2008 Location: Waldorf, MD Age: 29
Posts: 12,512
| Re: Good Deed Goes Punished and her friend blames her I mean I probably wouldn't be happy with life if I ended up a para.. but jesus |
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12-21-2008, 07:31 PM
| #3 |
| Franchise Player  Join Date: Feb 2004 Age: 34
Posts: 8,317
| Re: Good Deed Goes Punished It sucks, but the decision sounds fair. If Californians want to protect good samaritans who act negligently in coming to the aid of others, the California Legislature should amend the legislation to do so. |
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12-21-2008, 07:58 PM
| #4 | |
| MVP  Join Date: Oct 2005 Location: lancaster,pa Age: 51
Posts: 10,448
| Re: Good Deed Goes Punished Quote:
__________________ "It's better to be quiet and thought a fool than to open ones mouth and remove all doubt." courtesy of 53fan | |
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12-21-2008, 08:23 PM
| #5 | |
| Franchise Player Join Date: Feb 2004 Age: 34
Posts: 8,317
| Re: Good Deed Goes Punished Quote:
Here, the California legislature passed a law which only granted immunity from first responders providing medical assistance. The court determined that the friend did not qualify for immunity under the law which was passed by the state legislature. As a result, the friend will be liable for money damages if a jury determines (1) that the friend was negligent and (2) the friend deserves to pay for that negligence. So, your problem isn't with the court's decision, it is with the narrowness of the immunity granted by the legislature for good samaritans. If you have a problem with the decision, take it up with a California state legislator. Alternatively, you can become an anarchist and hope that we get rid of those pesky "laws" which dictate the outcome of cases. More often than not, criticisms of the justice system are totally unfounded. The criticisms usually amount to attacks on policy choices reflected in laws. Since laws are passed by the people through their representatives in legislatures, criticisms of the justice system usually amount to, "We the people hate laws that we the people helped pass. But, because we hate lawyers, we blame the judges for enforcing the laws we passed." | |
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12-21-2008, 08:34 PM
| #6 | |
| Playmaker  Join Date: Jan 2006 Location: Manassas Age: 42
Posts: 3,048
| Re: Good Deed Goes Punished Quote:
I generally agree with you, but this case exemplifies why somebody back in England a long time ago started using the word "however". As in, the law states such and such, however...
__________________ This Monkey's Gone to Heaven | |
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12-21-2008, 08:41 PM
| #7 | |
| Franchise Player Join Date: Feb 2004 Age: 34
Posts: 8,317
| Re: Good Deed Goes Punished Quote:
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12-21-2008, 10:12 PM
| #8 |
| \m/   Join Date: Feb 2004 Age: 40
Posts: 73,184
| Re: Good Deed Goes Punished A truly F'd up situation |
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12-22-2008, 10:43 AM
| #9 |
| Playmaker  Join Date: May 2004 Location: MA Age: 32
Posts: 2,836
| Re: Good Deed Goes Punished The issue here is with the scumbag plaintiff, not with the court's ruling. You can't legislate decency. |
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12-22-2008, 11:02 AM
| #10 | |
| Living Legend   Join Date: Oct 2004 Location: chesapeake, va Age: 49
Posts: 15,277
| Re: Good Deed Goes Punished Quote:
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12-22-2008, 11:04 AM
| #11 | |
| Franchise Player Join Date: Feb 2004 Age: 34
Posts: 8,317
| Re: Good Deed Goes Punished Quote:
Let me pose this hypothetical. Suppose the legislature passes a law which essentially says, "No one can ever be liable for coming to the aid of another, regardless of whether they acted negligently." Then suppose a little boy's arm gets stuck inside of a soda machine and some nutjob decides he has to "rescue" the boy and get his arm out of the machine. So, said nutjob cuts the boy's arm off and calls 911. A blanket rule providing total immunity for "rescuers" would protect said nutjob from civil liability. Does that sound fair? Of course not. So, the legislature provided a middle course. Let a jury determine whether a rescuer should have to pay or not. Last edited by Sheriff Gonna Getcha; 12-22-2008 at 11:21 AM. | |
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12-22-2008, 11:04 AM
| #12 |
| Eternally Legendary  Join Date: Feb 2004 Location: Seattle Age: 33
Posts: 9,738
| Re: Good Deed Goes Punished The court's ruling is valid. Obviously the person has standing to file a lawsuit, the challenge is convincing a jury that your friend should have taken more care in saving your shitty life. As for good samaritans in general, there's a good way and a bad way to do something. I don't suppose to know how this good samaritan conducted herself in her effort to save her life. If she took unnecessary measures I don't see how this case would be different from that doctor who cut off a patient's penis without asking permission because he detected cancer.
__________________ RG3, RGIII, RG三, RG३, RGγʹ, RGג, RG٣, RG๓, RG..., RG셋, RGԳ! Last edited by saden1; 12-22-2008 at 11:57 AM. |
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12-22-2008, 11:37 AM
| #13 |
| \m/ Join Date: Feb 2004 Age: 40
Posts: 73,184
| Re: Good Deed Goes Punished Life altering events often bring out the worst in people, that's what I think is the real shame here. |
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12-22-2008, 11:55 AM
| #14 |
| Eternally Legendary Join Date: Feb 2004 Location: Seattle Age: 33
Posts: 9,738
| Re: Good Deed Goes Punished More like where there's money there's squirrel trying to get your nut.
__________________ RG3, RGIII, RG三, RG३, RGγʹ, RGג, RG٣, RG๓, RG..., RG셋, RGԳ! |
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12-22-2008, 01:37 PM
| #15 |
| Living Legend Join Date: Oct 2004 Location: chesapeake, va Age: 49
Posts: 15,277
| Re: Good Deed Goes Punished In my business I see this type of stuff all the time. |
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