This is why we carry...

Glock34 said:

That Girl sues & collect Millions for herself & her Lawyer

Click to expand...

That may well be what happens. I frankly doubt it, but in doing so I'm making the assumption that this is thus far the only time it has happened at that store.

Now, show me the "smoking gun" where this is the 3rd+ time someone's been beat up and there's some email from the franchise owner to the manager telling him that they won't pay for security, and that's another matter.

We may live in a lawsuit-happy society, but we also live in a country where the supreme court has ruled the freakin' police don't have an obligation to protect an individual and you're gonna tell me there's actual liability on the part of $8-10/hr workers to put themselves at risk for the customer?

Again, watching the video I agree there's a moral/human obligation (and generally low risk - I don't see weapons) for people to step in there...but without a lot more information I just don't see a jury throwing a large judgement at them _and_ said judgement standing up on appeal.

More likely, they have A&B insurance in their policy and in the end she'll get medical costs covered + something for pain and suffering...but not "millions".

Teej said:

That may well be what happens. I frankly doubt it, but in doing so I'm making the assumption that this is thus far the only time it has happened at that store.

Now, show me the "smoking gun" where this is the 3rd+ time someone's been beat up and there's some email from the franchise owner to the manager telling him that they won't pay for security, and that's another matter.

We may live in a lawsuit-happy society, but we also live in a country where the supreme court has ruled the freakin' police don't have an obligation to protect an individual and you're gonna tell me there's actual liability on the part of $8-10/hr workers to put themselves at risk for the customer?

Again, watching the video I agree there's a moral/human obligation (and generally low risk - I don't see weapons) for people to step in there...but without a lot more information I just don't see a jury throwing a large judgement at them _and_ said judgement standing up on appeal.

Click to expand...

This.

If anything, the McD's employees might have faced discipline if they did get involved, since then there would be liability issues.

More recent reports dispute some/much of what I read and wrote last night. She wasn't pre-op and the fight wasn't about the bathroom.

http://www.dailymail.co.uk/news/art...izure-McDonalds-attack-victim-hate-crime.html

She said the violence kicked off after she had used the ladies restrooms in the McDonald's outlet, but denied reports that this was the reason why the violence erupted.

She said of her attackers: 'They just seemed like they wanted to pick a fight that night.'

She said she was approached by one of the girls, who accused her of 'looking at my man'.

When Miss Polis insisted that she was not even aware of the girl's partner, the physical abuse began with the girl spitting in her face.

Read more: http://www.dailymail.co.uk/news/art...s-attack-victim-hate-crime.html#ixzz1KSJ09YAF

Click to expand...

Metalhead47 said:

This.

If anything, the McD's employees might have faced discipline if they did get involved, since then there would be liability issues.

Click to expand...

Right. On a similar note...Suppose you're a licensed EMT-Basic. Suppose you happened across a biker who bashed in their face in an accident and couldn't breathe and either you didn't have an airway or were not able to intubate for whatever reason (crushed facial bones, etc)...

Technically you could probably pull off an emergency tracheotomy. It's not rocket science, but it wasn't part of your training and it's not in the scope of practice for an EMT-B. If you don't do it, they die, 100% guaranteed. If you do it, you'll probably get fired for violating scope of practice, legal liability (battery) for exceeding scope of practice (you could go to jail...), and they could sue you out of existence even though you saved their life. It's happened. After an accident lots of people are scrambling for every dime they can get to cover bills and recovery and on advice of attorney they'd gladly throw you under the bus.

Teej said:

Right. On a similar note...Suppose you're a licensed EMT-Basic. Suppose you happened across a biker who bashed in their face in an accident and couldn't breathe and either you didn't have an airway or were not able to intubate for whatever reason (crushed facial bones, etc)...

Technically you could probably pull off an emergency tracheotomy. It's not rocket science, but it wasn't part of your training and it's not in the scope of practice for an EMT-B. If you don't do it, they die, 100% guaranteed. If you do it, you'll probably get fired for violating scope of practice, legal liability (battery) for exceeding scope of practice (you could go to jail...), and they could sue you out of existence even though you saved their life. It's happened. After an accident lots of people are scrambling for every dime they can get to cover bills and recovery and on advice of attorney they'd gladly throw you under the bus.

Click to expand...

I believe WI has what is called a 'Good Samaritan Law" where if someone helps an injured person in a life or death situation, they are immune from civil suits. If we don't have a law like that, we should.

OK, I've seen the video and the interview with the Baltimore Sun. I AM PISSED.

That the victim is trans-gendered is totally irrelevant. That nobody, except an elderly woman, assisted her is beyond contempt. That employees waited before calling 911 is difficult to fathom and likewise beyond contempt. That this happened in Baltimore Maryland (where concealed carry is limited to the chosen few) is not surprising.

This is not a story about gay v. straight or black v. white or even about the victim being trans-gendered. It is s story about one sheep, two wolves, and no sheepdogs (except the elderly woman).

Jim (a sheepdog)

Nutczak said:

I believe WI has what is called a 'Good Samaritan Law" where if someone helps an injured person in a life or death situation, they are immune from civil suits. If we don't have a law like that, we should.

Click to expand...

We do...the key difference is the person in question being a licensed EMT. Exceeding ones scope of practice negates the good samaritan provisions. I was including that as an example of how messed up the legal situation can get.

Source: I am a licensed EMT (not working as one) and the scenario came to me from one of the class instructors who's saved more lives than I ever will.

The hole thing just pisses me off. That is why i OC for my family and friends to help.