The Age of CYOA

Man has seen the Age of Enlightenment, the Age of Reason, the Renaissance Age and the Industrial Age.

Today?  We seem to have arrived (at least in the great state of California) in the Age of CYOA - otherwise known as Cover Your Own Ass.

Torti and Van Horn traveled in separate cars, and the driver of Van Horn’s car ran into a light pole at 45 MPH. Torti testified that she saw smoke and liquid coming from the car and thought the vehicle would explode, trapping Van Horn.  She rushed to pull her co-worker from the car, and Van Horn alleges that Torti aggravated a broken vertebra that damaged her spinal cord.  She sued Torti (and the driver) for causing her paralysis.

I remember when California passed the 1990 law shielding rescuers, and the intent was not just to limit the liability of EMS and other professional rescuers.  Cases like Van Horn’s had begun popping up where people who acted in good faith to rescue people in danger had gotten sued for causing incidental or aggravating injuries.  CPR, for example, can cause ribcage injuries even if done properly.  The legislature intended to encourage people to assist in emergencies, especially those that could not wait for official rescue teams to arrive — like cars about to explode with people trapped inside them.

The court, however, saw it differently.

What will happen if a case like this is not overturned?  We will find that, not unreasonably, people are rejecting the mantle of good samaritan and instead covering their tushies. And - why not?  In theory, Ms. Torti was risking her own skin as it was to come to the aid of Ms. Van Horn!  That alone was generous enough.  Now, the state sends the message that you should not intervene, as you may be risking your financial health in addition to your personal safety.  Nice.

As Ed Morrissey says,

The court has sent a signal to the people of California: don’t get involved.  If someone’s drowning, don’t jump in the lake and save them.  If someone’s trapped in a car that’s about to explode, sit there and watch the show.  Just make a phone call, and who cares that it might be several minutes before an EMS team can make it to the scene?  If you sit on your hands, no one can sue you for all you’re worth.

Comments

[Greg]

This is nothing new to many of us in California. For those who do not know, over 10 years ago there was the case of David Cash who did nothing as his good friend raped and killed a 7 year old child. David Cash was then a 19-year-old student at the University of California at Berkley and was at a Las Vegas casino with his friend Jeremy Strohmeyer. Cash walked in to witness the incident and hear his friend threaten that if she screamed he would kill her.Cash left the restroom. Because Nevada had no "Good Samaritan Law" requiring witnesses to report a crime, Cash was not charged with a crime.

Many people rallied and protested that Cash be removed from Berkeley but in the end nothing was done to him. So this follows in line with that case.