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re: Spinoff - You're Not A Medical Professional And Witness An Accident

Posted on 1/21/16 at 8:02 am to
Posted by DaTroof
Louisiana
Member since Jun 2015
992 posts
Posted on 1/21/16 at 8:02 am to
quote:

did he call 911? or did he just show up and start filming?


911 had already been called. There were numerous people on the scene. He started filming and made some very disrespectful comments. He did not try to help, which is what pretty much everyone here is saying he should have done. The filming and comments are undoubtedly unethical and show very poor judgement. I'm not defending his actions one way or the other, but it seems like at least part of the sentence was due to not helping. The people in the car were incapacitated and/or unconscious. If he wasn't supposed to move them, what else could he have done? Again, the filming of the incident and remarks that he made are disgusting to me, but I'm asking, what else was he supposed to do?
Posted by KarlMalonesFlipPhone
Member since Sep 2015
3848 posts
Posted on 1/21/16 at 8:04 am to
quote:


You don't have to help anybody, anywhere, at anytime.


That principle is what this country was founded on.


OK?
Posted by Salmon
I helped draft the email
Member since Feb 2008
86731 posts
Posted on 1/21/16 at 8:04 am to
quote:

If he wasn't supposed to move them, what else could he have done? Again, the filming of the incident and remarks that he made are disgusting to me, but I'm asking, what else was he supposed to do?


I wasn't supposed to do anything

he is in jail for filming it

I don't necessarily agree with that, but I really don't feel sorry for him either
Posted by Eightballjacket
Member since Jan 2016
8096 posts
Posted on 1/21/16 at 8:05 am to
I'd call 911, leave them as is if they aren't in imminent danger, and try to keep them as calm as possible until help arises. We are doomed as a society if people are scared to get involved because they might get sued.
Posted by PepaSpray
Adamantium Membership
Member since Aug 2012
11080 posts
Posted on 1/21/16 at 8:06 am to
That's my issue with the whole thing. Would you be liable by trying to be a Good Samaritan?
Posted by DaTroof
Louisiana
Member since Jun 2015
992 posts
Posted on 1/21/16 at 8:07 am to
quote:

You don't have to help anybody, anywhere, at anytime.


That principle is what this country was founded on.


And the guy that has been sentenced indeed did not help, yet people are outraged and are cheering on this sentence. Frankly, just based on the disgusting comments he made I don't give a shite that he was sentenced, but you are clearly saying that not helping is not a crime.
Posted by Salmon
I helped draft the email
Member since Feb 2008
86731 posts
Posted on 1/21/16 at 8:08 am to
quote:

but you are clearly saying that not helping is not a crime.


I promise you that if he did not film it and make the comments he did, he would not be in jail
Posted by KarlMalonesFlipPhone
Member since Sep 2015
3848 posts
Posted on 1/21/16 at 8:09 am to
quote:

That's my issue with the whole thing. Would you be liable by trying to be a Good Samaritan?


No, there are good samaritan laws that prevent you from being sued if you are trying to help someone and aren't being grossly negligent in your actions.
Posted by DaTroof
Louisiana
Member since Jun 2015
992 posts
Posted on 1/21/16 at 8:09 am to
quote:

he is in jail for filming it


So the crime was filming? I want to make it very clear that I don't agree with his actions, but I don't think that filming was illegal. Why is filming the aftermath of an accident illegal? Unethical? Yes. Illegal? Nah.
Posted by LSUBoo
Knoxville, TN
Member since Mar 2006
104470 posts
Posted on 1/21/16 at 8:11 am to
quote:

And the guy that has been sentenced indeed did not help, yet people are outraged and are cheering on this sentence. Frankly, just based on the disgusting comments he made I don't give a shite that he was sentenced, but you are clearly saying that not helping is not a crime.


The guy that was sentenced opened the car door to film the kids (one crime they got him on) and interfered with emergency personnel. Had he just stood back and filmed from a distance, likely no charges would have been filed.
Posted by KarlMalonesFlipPhone
Member since Sep 2015
3848 posts
Posted on 1/21/16 at 8:12 am to
It appears that in this case, he is being put in jail for being a douche bag and a despicable human being.
Posted by Salmon
I helped draft the email
Member since Feb 2008
86731 posts
Posted on 1/21/16 at 8:14 am to
quote:

So the crime was filming? I want to make it very clear that I don't agree with his actions, but I don't think that filming was illegal. Why is filming the aftermath of an accident illegal? Unethical? Yes. Illegal? Nah.


can you link the story so I can read it?

I'm sure they got him on something else rather the just filming

harassment maybe?
Posted by LSUBoo
Knoxville, TN
Member since Mar 2006
104470 posts
Posted on 1/21/16 at 8:15 am to
quote:

can you link the story so I can read it?

I'm sure they got him on something else rather the just filming

harassment maybe?


LINK

quote:

The judge who sentenced Paul Pelton on Wednesday for vehicle trespass and disorderly conduct says he wishes he could've gone beyond the maximum penalty.


Posted by Salmon
I helped draft the email
Member since Feb 2008
86731 posts
Posted on 1/21/16 at 8:16 am to
thanks that what I figured
Posted by Pax Regis
Alabama
Member since Sep 2007
15392 posts
Posted on 1/21/16 at 8:17 am to
quote:

no never

never move them

you could do more harm than good


This for sure. Unless they are about to burn up in a fire don't touch anything or anyone other than maybe give water or something. You'll likely make it worse.
Posted by Redbone
between St. Amant and Port Vincent
Member since Sep 2012
20738 posts
Posted on 1/21/16 at 8:24 am to
quote:

If there was a fire or other immediate danger

If there is fire or immediate danger you remove the person(s) from the area. You may risk further damage if there is spinal damage or broken bones next to veins and nerves BUT to leave them there is certain death.

Check out Good Samaritan Law.

As far as lawsuits go you take a chance on that as soon as you get involved in any way.
Posted by DaTroof
Louisiana
Member since Jun 2015
992 posts
Posted on 1/21/16 at 8:44 am to
quote:

Check out Good Samaritan Law


I did, and thanks because I hadn't before.

Here it is for anyone interested:

9:2793. Gratuitous service at scene of emergency; limitation on liability

A. No person who in good faith gratuitously renders emergency care, first aid or rescue at the scene of an emergency, or moves a person receiving such care, first aid or rescue to a hospital or other place of medical care shall be liable for any civil damages as a result of any act or omission in rendering the care or services or as a result of any act or failure to act to provide or arrange for further medical treatment or care for the person involved in the said emergency; provided, however, such care or services or transportation shall not be considered gratuitous, and this Section shall not apply when rendered incidental to a business relationship, including but not limited to that of employer-employee, existing between the person rendering such care or service or transportation and the person receiving the same, or when incidental to a business relationship existing between the employer or principal of the person rendering such care, service or transportation and the employer or principal of the person receiving such care, service or transportation. This Section shall not exempt from liability those individuals who intentionally or by grossly negligent acts or omissions cause damages to another individual.
B. The immunity herein granted shall be personal to the individual rendering such care or service or furnishing such transportation and shall not inure to the benefit of any employer or other person legally responsible for the acts or omissions of such individual, nor shall it inure to the benefit of any insurer.


Posted by USAF Hart
My House
Member since Jun 2011
10273 posts
Posted on 1/21/16 at 8:44 am to
If a member is unresponsive/unconscious, not breathing and there is no other immediate danger, I will do whatever I can to move the victim away from the scene of the accident and administer any sort of life saving care until paramedics arrive on scene to take over. Good Samaritan laws protect me from getting sued and I would much rather attempt to render aid than to sit there and just watch someone potentially die right in front of me.
Posted by jbgleason
Bailed out of BTR to God's Country
Member since Mar 2012
20406 posts
Posted on 1/21/16 at 8:52 am to
I know what you are getting at, that filming isn't a crime no matter how much of a POS this guy may be but here is the deal. They shouldn't be legislating behavior no matter how bad BUT they have made good people doing something about it illegal so that seems to be the only recourse.

Not too terribly long ago, the good people at that scene would have stomped this guy into the ground for his behavior and the community/police/courts would have allowed it. We are in a different time now when people look to the government to handle everything for them.
Posted by DaTroof
Louisiana
Member since Jun 2015
992 posts
Posted on 1/21/16 at 8:53 am to
quote:

I will do whatever I can to move the victim away from the scene of the accident and administer any sort of life saving care until paramedics arrive on scene to take over.


So, contradictory to the other statements in this thread you're saying you would move the people out of the vehicle? It appears that in certain circumstances you would be protected under the Good Samaritan law in in the absence of any grossly negligent action; however I am not a legal professional and this is not legal advice.
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