John Posted December 22, 2008 Share Posted December 22, 2008 http://uk.news.yahoo.com/blog/editors_corner/article/9758/ what would you do..? So glad that no win no fee is illegal in the IOM also apologise for the spelling mistake in the title Link to comment Share on other sites More sharing options...
John Posted December 22, 2008 Author Share Posted December 22, 2008 yep.. you just have to blink at someone and you sued !!! The UK is getting just as bad. Link to comment Share on other sites More sharing options...
Stavros Posted December 22, 2008 Share Posted December 22, 2008 So glad that no win no fee is illegal in the IOM Not quite sure what that has got to do with something that happened in Los Angeles. Without knowing all of the facts, it has to be quite difficult to be able to make a decision. I believe that we on the Isle of Man have received the benefit of knowing that if say a motorcyclist is involved in an accident, you don't rush over and take his helmet off etc. Moving an injured person should only be done in an emergency and preferably by someone with first aid or medical experience. It appears that this woman / good samaritan, was following her friend at approximately 45 miles an hour when the other woman crashed into a lamp post. I've not seen the scene of the accident or had any significant facts about it but I do find it hard to believe that there was reason to believe that there was a serious risk of the vehicle catching fire. American vehicles have safety ratings too and I doubt they would be allowed to let cars be sold if they just burst into flames when they hit lamp posts. The ruling on liability is for medical treatment. If, for example, she were to administer CPR to the woman, that would probably be classed as providing medical assistance but possibly recklessly pulling someone out of a vehicle and potentially causing permanent disability should be the last course of action. This is a court deciding if she has a possibility of taking legal action against someone that may have disabled her forever. This is not about her actually winning the case or not. Link to comment Share on other sites More sharing options...
John Posted December 22, 2008 Author Share Posted December 22, 2008 The fact we don't have No win No fee on the Island IMO does affect the number of liability cases we do or don't have, ok maybe the story was not quite about Liability Claims, but it just re-inforced my feelings. But I suppose the Moral is then that if you go to the States you have to be damn careful what you do or don't do in the case of an accident Link to comment Share on other sites More sharing options...
Stavros Posted December 22, 2008 Share Posted December 22, 2008 The fact we don't have No win No fee on the Island IMO does affect the number of liability cases we do or don't have, ok maybe the story was not quite about Liability Claims, but it just re-inforced my feelings. Maybe you should ask 'your local broker' about the legal expenses insurances they provide with motor and household policies..... Link to comment Share on other sites More sharing options...
Declan Posted December 22, 2008 Share Posted December 22, 2008 I'm not entirely sure that "I'm thick and thought I was helping" should be enough to protect people from the legal consequences of their actions. Link to comment Share on other sites More sharing options...
Pat Ayres Posted December 22, 2008 Share Posted December 22, 2008 I actually went to someone's aid after a crash today. My last thought was whether he was going to sue me or not. If you start to thing that way, sell the damn car. Link to comment Share on other sites More sharing options...
Stavros Posted December 22, 2008 Share Posted December 22, 2008 But then you probably had more common sense than to just drag them out of the car. Presumably, you ensured that they were as safe and as comfortable as possible and you wouldn't have moved them unless you thought that they were in imminent danger or that they could possibly have a head, back or neck injury. Link to comment Share on other sites More sharing options...
don fugazi Posted December 22, 2008 Share Posted December 22, 2008 I do find it hard to believe that there was reason to believe that there was a serious risk of the vehicle catching fire. American vehicles have safety ratings too and I doubt they would be allowed to let cars be sold if they just burst into flames when they hit lamp posts. Hollywood. A car crashes in an action film, it bursts into flames more often than not. This could have been what motivated her. Link to comment Share on other sites More sharing options...
Stavros Posted December 22, 2008 Share Posted December 22, 2008 Then she should have questioned herself why spiderman didn't come down and spin a web in front of the car to stop it from crashing.... Link to comment Share on other sites More sharing options...
John Posted December 22, 2008 Author Share Posted December 22, 2008 very true, she did say in the interview that she thought the car was going to burst into flames.. Skrappey, what happened? Link to comment Share on other sites More sharing options...
La_Dolce_Vita Posted December 22, 2008 Share Posted December 22, 2008 So glad that no win no fee is illegal in the IOM Not quite sure what that has got to do with something that happened in Los Angeles. Without knowing all of the facts, it has to be quite difficult to be able to make a decision. I believe that we on the Isle of Man have received the benefit of knowing that if say a motorcyclist is involved in an accident, you don't rush over and take his helmet off etc. Moving an injured person should only be done in an emergency and preferably by someone with first aid or medical experience. It appears that this woman / good samaritan, was following her friend at approximately 45 miles an hour when the other woman crashed into a lamp post. I've not seen the scene of the accident or had any significant facts about it but I do find it hard to believe that there was reason to believe that there was a serious risk of the vehicle catching fire. American vehicles have safety ratings too and I doubt they would be allowed to let cars be sold if they just burst into flames when they hit lamp posts. The ruling on liability is for medical treatment. If, for example, she were to administer CPR to the woman, that would probably be classed as providing medical assistance but possibly recklessly pulling someone out of a vehicle and potentially causing permanent disability should be the last course of action. This is a court deciding if she has a possibility of taking legal action against someone that may have disabled her forever. This is not about her actually winning the case or not. Aside from whether you CAN be sued or not, why did this person pull the other out of the car? I would suppose it was because that person believed they were protecting or helping the trapped person. It was not done maliciously and if you even thought in the slightest that the car might catch fire you would have a serious concern for getting that person out. Anyway, it shows the value of money in society. Maybe she should have been left in the car. Link to comment Share on other sites More sharing options...
Pat Ayres Posted December 22, 2008 Share Posted December 22, 2008 Someone got lost in the fog and drove off the mountain road, no casualty but we are minus one korean car. Win win situation. Link to comment Share on other sites More sharing options...
John Posted December 22, 2008 Author Share Posted December 22, 2008 They where lucky you where following them, how many less experienced drivers would have just followed their tail lights off the road as well.. Link to comment Share on other sites More sharing options...
Sebrof Posted December 22, 2008 Share Posted December 22, 2008 I suspect that the explanation here is that the Good Samaritan, like many Americans, would have had public liability insurance. Such policies only pay out when the holder has been found legally liable. Ergo: Crash Victim sues GS. With no insurance, it might have been a different story. S Link to comment Share on other sites More sharing options...
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