Good Samaritan law gets murkier in California

[tarkus]

If I'm ever back in California I'll make sure not to get involved.

[dewayneward]

@atxgun, the 10yr old daughter thing has to do with the allowed language on the board.

[casingpoint]

Would Mexico want California?

For the welfare benefits and free hospitalization.

This case is worse than the Houston drunk who killed her boyfriend in a wreck and sued the trucking company whose truck she rear ended.

[ELB]

Having read the article, I think in the whole what the Calif Supreme Court has done is bad. Based on only what is provided in the article:

Granted it is unwise to move someone from an wrecked car if there is no imminent danger -- however, the perception of imminent danger can vary between people. The fact that the other witnesses on the scene did not (later apparently) perceive an an imminent danger does not mean there was not one, or that they even saw the same clues as the woman who acted. Gonna be bad news if you have to get a vote at every accident scene as to whether there is imminent danger or not. Certainly from a public policy perspective, introducing more risk into the would-be rescuer's decision making is not likely to result in better overall results. In other words, I don't think the number of people harmed by rescuer's poor decision will be higher than the number helped, and certainly not higher than the number people harmed by would-be rescuers decisions not to act. It is no doubt easier to count (and sue over) the poor decisions, while it is much harder to quantify the number harmed by would-be rescuers decisions not to help.

Further, the Calif Supreme Court's rationalization about medical versus non-medical help, and what is protected and what is not, is certainly not calculated to encourage potential Good Samaritans to do anything.

What is more disturbing is the implications that rescue must always be left to the "professionals." This sounds very similar to the argument that citizens should not have guns be cause only "professionals" are trained enough to effectively use them. I trust in this forum I do not have to go into why that is balderdash. I think this train of thought is very consistent with a liberal ideology that infantilizes adult citizens by attempting to get them to leave everything else to the "professionals," from helping the victims of car accidents to defending against crime, to rearing and educating their children. (See, e.g., the formerly "Great" Britain). The "first responder" to almost any unfortunate event is likely not to be a policeman, firefighter, EMT, or soldier; it is going to be a regular citizen. I do think that the regular Joe and Josephine Sixpack ought to familiarize themselves with a number basic citizenry tasks, like rendering decent first aid to self and others, just like it is an adult's responsibility to learn to use firearms properly. It should not be in the government's power to discourage that.

My most cynical opinion is that the majority of the Calif. Supreme Court saw a chance to give trial lawyers another opportunity to shake down people and their insurance companies.

BTW, I used to live on Topanga Boulevard, on the part that is in the Santa Monica mountains. It runs from the Pacific Coast Hwy up and over the Santa Monica ridge and down into "the Valley" (I believe Woodland Hills is the first 'burb at the base of the mountains.) The article does not say which part of Topanga Canyon Boulevard the accident occurred on, but the Santa Monica portion of Topanga Canyon Blvd is a certified drunk-catcher. Lots of sober people found that road exceeded their driving skills, never mind people who had too many snorts. I lived on a corner that regularly caught the fast and unawares -- in fact there were so many accidents there the CHP left a box of flares with one of my neighbors.

[seamusTX]

Hypothetically speaking, if the state of California were to be rejoined to Mexico, the population of California is about one-third the population of present-day Mexico. The distribution of power would have to be worked out; but I doubt the government of Mexico would want to yield much power to California, or the population of California would not want to give much to Mexico.

The situation has "Mexican standoff" written all over it.

- Jim

[Liberty]

ugghhhh!