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  • 88GT

    Grandmaster
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    0   0   0
    Mar 29, 2010
    16,643
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    Familyfriendlyville
    I saw that a few days ago. Ranks right up there with the brat suing her parents.

    That said, this is what happens when we look to an external force to provide all of our safety.
     

    IndyDave1776

    Grandmaster
    Emeritus
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    12   0   0
    Jan 12, 2012
    27,286
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    1. I vote for having the response personnel put him back exactly where they found him in the state in which they found him.

    2. I would like to know how he intends to argue his suit against the two other drivers, specifically how he proposes to claim they are guilty of damages but he somehow is NOT culpable for driving into the same hole.
     

    churchmouse

    I still care....Really
    Emeritus
    Rating - 100%
    187   0   0
    Dec 7, 2011
    191,809
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    Speedway area
    If a doctor makes a mistake and causes harm to you during an important procedure, should he be liable for it?

    At the risk of stepping in the poo.......how does this equate. I am sure you will have some statistics to show the class but how in hell does this come close to a Dr operating in a sterile/safe arena and making a mistake.
    Divers went into the water at high risk to themselves trying to find the driver. They saw no one as I read it and went to safety.

    I would ask what he was doing driving a washed out road...were there barricades in place, did he know it was dangerous, was he aware of the flood conditions.
    I had medical bills in excess of what he has when I was sick and I paid them. I did not have the money. A Dr. miss-treated my illness and I had no recourse. We sucked it up and payed the piper.
     

    steveh_131

    Grandmaster
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    0   0   0
    Mar 3, 2009
    10,046
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    Porter County
    At the risk of stepping in the poo.......how does this equate. I am sure you will have some statistics to show the class but how in hell does this come close to a Dr operating in a sterile/safe arena and making a mistake.
    Divers went into the water at high risk to themselves trying to find the driver. They saw no one as I read it and went to safety.

    I'm not really sure. Just thinking out loud about civil liability.

    People get sued for all sorts of mistakes. Things that could honestly be called accidents. What is your standard? Do risky environments preclude you from liability for your mistakes?

    If I hire a doctor to fix a blocked artery and he accidentally knicks another organ, should he be responsible for any medical bills stemming from that accident? Why or why not?

    If I hire a fire/rescue crew to rescue me from a dangerous situation and they have the opportunity to do so, should they be held liable if they fail? Why or why not?
     

    churchmouse

    I still care....Really
    Emeritus
    Rating - 100%
    187   0   0
    Dec 7, 2011
    191,809
    152
    Speedway area
    I'm not really sure. Just thinking out loud about civil liability.

    People get sued for all sorts of mistakes. Things that could honestly be called accidents. What is your standard? Do risky environments preclude you from liability for your mistakes?

    If I hire a doctor to fix a blocked artery and he accidentally knicks another organ, should he be responsible for any medical bills stemming from that accident? Why or why not?

    If I hire a fire/rescue crew to rescue me from a dangerous situation and they have the opportunity to do so, should they be held liable if they fail? Why or why not?

    As to the doctor....I can honestly say it is a crap shoot as to responsibility. I have been there and ended up paying my own way. Long story just know I had no recourse.

    As to fire rescue.....Hazards/danger are near impossible to measure. You could say the same thing with a hired security service. Hard to measure.

    In this case I feel those who made an attempt are not liable as reasonable effort is made. If they stand around talking and no effort is made that is a totally different situation.

    My standards are to accept responsibility when and where possible. Everyone hides behind a lawyer anymore as the stakes are very high. If you do it....own it.

    Civil liability has become a mine field.
     

    88GT

    Grandmaster
    Rating - 0%
    0   0   0
    Mar 29, 2010
    16,643
    83
    Familyfriendlyville
    I'm not really sure. Just thinking out loud about civil liability.

    People get sued for all sorts of mistakes. Things that could honestly be called accidents. What is your standard? Do risky environments preclude you from liability for your mistakes?

    If I hire a doctor to fix a blocked artery and he accidentally knicks another organ, should he be responsible for any medical bills stemming from that accident? Why or why not?

    If I hire a fire/rescue crew to rescue me from a dangerous situation and they have the opportunity to do so, should they be held liable if they fail? Why or why not?
    That is no justification to hold rescue crews responsible.



    Signed consent forms generally provide immunity from incidental mistakes.
     

    vitamink

    Master
    Site Supporter
    Rating - 100%
    46   0   0
    Mar 19, 2010
    4,869
    119
    INDY
    Swift water rescues are difficult if not next to impossible to ascertain if anyone is in a vehicle. Unless the vehicle crashes into a quarry, your visibility is absolute ****. Think dunking your head into a bowl of chocolate milk as sticks and trash crash into your face. You can't see your hand in front if your face you can only see when your fingers make contact with the glass. PSDivers die at an alarming rate. We had 2 here in Indy. He ****ed up, they did their best and got him out... Kudos for PSDs and **** that prick.

    Public safety diving was my bread and butter for years... I'm tempted to hop a plane and lend some support as a stand against douchebaggery.
     

    Gabriel

    Grandmaster
    Rating - 100%
    9   0   0
    Jun 3, 2010
    6,772
    113
    The shore of wonderful Lake Michigan
    Swift water rescues are difficult if not next to impossible to ascertain if anyone is in a vehicle. Unless the vehicle crashes into a quarry, your visibility is absolute ****. Think dunking your head into a bowl of chocolate milk as sticks and trash crash into your face. You can't see your hand in front if your face you can only see when your fingers make contact with the glass.

    As a police diver I can attest to this. The divers on scene likely only would have known there was someone in the vehicle if they were able to feel that person with their hands.
     
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