Absolutely shameful.....

Collapse
X
 
  • Time
  • Show
Clear All
new posts
  • Kershaw
    R3V OG
    • Feb 2010
    • 11822

    #46
    nj hick.
    AWD > RWD

    Comment

    • nando
      Moderator
      • Nov 2003
      • 34827

      #47
      Originally posted by NKRoberts
      should they be held responsible for trespassing? I'm assuming that's what they did when they hopped the barbed-wire fence.

      I just don't think they should sue her. A few years ago my dad and I were in a large crowd and a lady passed out. We carried her out of the crowd, because people were stepping on her. It was really wet and muddy, my dad slipped and messed up his ankle requiring him to go to the doctor on multiple occasions and having to have some physical therapy. He probably paid out of pocket close to $5k. He never even thought about suing the lady and I don't think he should be able to, we chose to help her.
      Maybe that is irrelevant scenario, but that is just my feeling.
      it's irrelevant unless she purposely put herself in that situation. if she was *trying* to be trampled, yes, you could sue for your injuries.
      Build thread

      Bimmerlabs

      Comment

      • Kershaw
        R3V OG
        • Feb 2010
        • 11822

        #48
        why are you guys still arguing?

        hick already made it clear that they are within their full legal rights to do this...
        AWD > RWD

        Comment

        • NKRoberts
          E30 Modder
          • Aug 2010
          • 909

          #49
          Originally posted by nando
          it's irrelevant unless she purposely put herself in that situation. if she was *trying* to be trampled, yes, you could sue for your injuries.
          it could have been her own fault that she passed out

          Vinyl Lettering

          Comment

          • z31maniac
            I waste 90% of my day here and all I got was this stupid title
            • Dec 2007
            • 17566

            #50
            Originally posted by Kershaw
            why are you guys still arguing?

            hick already made it clear that they are within their full legal rights to do this...
            Lots of things are legal to sue for, doesn't make them any less despicable.

            And if you don't like the thread, don't continue to click on it.
            Need parts now? Need them cheap? steve@blunttech.com
            Chief Sales Officer, Midwest Division—Blunt Tech Industries

            www.gutenparts.com
            One stop shopping for NEW, USED and EURO PARTS!

            Comment

            • Ryan Stewart
              I Love Miatas
              • Oct 2003
              • 8978

              #51
              Originally posted by z31maniac
              Not saying that at all.

              But if I chose to help someone and put myself in a situation where I could potentially get seriously injured or even killed, I wouldn't then sue the person for compensation.
              No, that is what you are saying basically. That the person who could rescue should shoulder all responsibility and liability for their selfless actions.

              Also, to blow a big ass hole in your whole "why did she cry for help?" comment. First, she was the one who told investigators she wanted to kill herself. Second is easy to explain. People who commit suicide are cowards, she continued to act cowardly. At first she thought she could pull of some sort of painless death but then realized she didn't succeed and was going to experience a slow, agonizing death. You dont think that would cause someone to have a change of heart?
              Im now E30less.
              sigpic

              Comment

              • Ryan Stewart
                I Love Miatas
                • Oct 2003
                • 8978

                #52
                Originally posted by z31maniac
                Lots of things are legal to sue for, doesn't make them any less despicable.
                But that is a matter of flawed opinion. The law says they are in the right and I agree for a few reasons:

                a. Even if she hadnt done it intentionally she did cause the situation and should be liable for all damages she caused.
                b. There were damages, you can try and simplify it as "messed up hair and a ruined cell phone" but without evidence to the contrary its quite possible that conditions extreme enough to do that could have caused other health problems. Remember, most fire deaths are caused by inhalation, not external burning.
                c. The guys actually didn't sue initially but, after hearing she intentionally did this, felt like she created the risky situation negligently.

                If you say they cant sue then you are basically saying anyone negligent couldn't be liable, like doctors. You willfully undertake a risky surgery, a doctor negligently performs that surgery and you suffer injury. Now you cant sue because "you knew what you were getting into."
                Im now E30less.
                sigpic

                Comment

                • z31maniac
                  I waste 90% of my day here and all I got was this stupid title
                  • Dec 2007
                  • 17566

                  #53
                  Originally posted by Ryan Stewart
                  If you say they cant sue then you are basically saying anyone negligent couldn't be liable, like doctors. You willfully undertake a risky surgery, a doctor negligently performs that surgery and you suffer injury. Now you cant sue because "you knew what you were getting into."

                  I guess everything is black and white, with no room for discretion.

                  I'll keep that in mind.
                  Need parts now? Need them cheap? steve@blunttech.com
                  Chief Sales Officer, Midwest Division—Blunt Tech Industries

                  www.gutenparts.com
                  One stop shopping for NEW, USED and EURO PARTS!

                  Comment

                  • joshh
                    R3V OG
                    • Aug 2004
                    • 6195

                    #54
                    If she were driving a Toyota Corolla, they wouldn't be suing.

                    I just can't see myself suing a person that I saved.
                    Your signature picture has been removed since it contained the Photobucket "upgrade your account" image.

                    "I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents. Charity is no part of the legislative duty of the [federal] government." ~ James Madison

                    ‎"If you've got a business, you didn't build that. Somebody else made that happen" Barack Obama

                    Comment

                    • Pantless Spency
                      It's McRib time!!!
                      • Feb 2011
                      • 7284

                      #55
                      there has been similar cases in the past.
                      one being that two women in the same car got into a car accident, one unconscious and the other conscious, the car was on fire so the conscious one dragged the unconscious one out of the wreck so she didn't die and she ended up being paralyzed. they were best friends and the paralyzed one sues her friend for damages.

                      Comment

                      • Dozyproductions
                        R3V Elite
                        • Jan 2007
                        • 4682

                        #56
                        Originally posted by Pantless Spency
                        there has been similar cases in the past.
                        one being that two women in the same car got into a car accident, one unconscious and the other conscious, the car was on fire so the conscious one dragged the unconscious one out of the wreck so she didn't die and she ended up being paralyzed. they were best friends and the paralyzed one sues her friend for damages.
                        If I had vomit, it would now be on the desk.

                        Comment

                        • Vedubin01
                          R3V Elite
                          • Jun 2006
                          • 5852

                          #57
                          Originally posted by Dozyproductions
                          If you are dying on the sidewalk and a doctor saves your life without your permission he has the right to bill you for his services. Same premise here I guess.

                          Your example is off... if the doctor broke his wrist while doing say CPR on you. Can he sue?
                          Build your own dreams, or someone else will hire you to build theirs!

                          Your signature picture has been removed since it contained the Photobucket "upgrade your account" image.

                          Comment

                          • joshh
                            R3V OG
                            • Aug 2004
                            • 6195

                            #58
                            Originally posted by Vedubin01
                            Your example is off... if the doctor broke his wrist while doing say CPR on you. Can he sue?


                            I was thinking more of OTD....that would be some serious CPR.
                            Your signature picture has been removed since it contained the Photobucket "upgrade your account" image.

                            "I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents. Charity is no part of the legislative duty of the [federal] government." ~ James Madison

                            ‎"If you've got a business, you didn't build that. Somebody else made that happen" Barack Obama

                            Comment

                            • Earendil
                              E30 Mastermind
                              • Jun 2009
                              • 1662

                              #59
                              Originally posted by Ryan Stewart
                              People who commit suicide are cowards, she continued to act cowardly.
                              Uhm, I don't know where you come from, but in most Western cultures people who commit suicide are mentally ill and not thinking straight. There are other cultures where suicide is the exact opposite of cowardly, it is the brave and honorable thing to do.

                              I'm not going to attach any sort of moral or ethical opinion to suicide, but the emotional state of a person that kills themselves does not usually center around cowardice, it usually hinges on a warped view of reality :(
                              -------------------------------------------------
                              1989 - E30 - M20B25 - Manual. Approx 300,000+ miles - Track Rat & Weekend Fun
                              2000 - E46 - M52TUB28 - Manual. Approx 130,000 miles - [not so] Daily Driver

                              sigpic

                              I'm looking for a Lachssilber Passenger Fender and Hood. PM if you have one or both to sell!

                              Comment

                              • Ryan Stewart
                                I Love Miatas
                                • Oct 2003
                                • 8978

                                #60
                                Originally posted by Earendil
                                Uhm, I don't know where you come from, but in most Western cultures people who commit suicide are mentally ill and not thinking straight. There are other cultures where suicide is the exact opposite of cowardly, it is the brave and honorable thing to do.

                                I'm not going to attach any sort of moral or ethical opinion to suicide, but the emotional state of a person that kills themselves does not usually center around cowardice, it usually hinges on a warped view of reality :(
                                Ive known 3 people who offed themselves, all were cowards. All did it to avoid facing something in life. You could call them mentally ill but the act itself is cowardly and selfish. Even in other cultures. A stereotype in asia is that its done to prevent "dishonor;" that isnt bravery, its fear of dishonor.
                                Im now E30less.
                                sigpic

                                Comment

                                Working...