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  1. #1
    Join Date
    Oct 2011
    Location
    Gyeongsangnamdo Korea
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    2

    Default Liability for Refusing to Call an Ambulance for an Injured Person

    My question involves an injury that occurred in the state of: South Carolina,

    I'm writing on behalf of my sister who has recently gotten a karmic message to settle down, tie loose ends and pick herself back up by under the protection of our law. I'm asking for your help to articulate that justice is blind.

    She, my sister, was visiting someone(renter) at a mobile home apartment with her friend where she became disabled to walk in the bathroom. Sister was walking inside and next, she was on the floor. She realized she couldn't move her leg and picked herself up with the leverage of the tub with her arms and enabled leg to the toilet seat and called for help. Her friend came in and she asked her to call the ambulance because her cell phone didn't have a signal in the bathroom. My sister sat there and overheard the friend say "so you don't want me to call the ambulance?" when she was telling the renter what was happening. Next the renter came in physically suggesting her stand up on her foot resulting in something extremely painful happening in the disabled area. Next the renter brought a used medical boot to aid her, while the friend took my sisters cell phone outside to call our cousins who came to pick her up and take her to the nearest emergency room where x-rays revealed a broken ankle that may need surgery to treat.

    What liability is the renter and property owner exposed to after refusing emergency medical assistance after a fall in and on their property?

    Thank you kindly.

  2. #2
    Join Date
    Jan 2006
    Posts
    27,024

    Default Re: What Liability is a Renter and Property Owner Exposed to when They Refuse

    unless they somehow caused the incident: none. There is no requirement a person render medical aid and in reality, it would appear they did call for assistance anyway.

  3. #3
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: What Liability is a Renter and Property Owner Exposed to when They Refuse

    Quote Quoting cliffton
    View Post
    My question involves an injury that occurred in the state of: South Carolina,

    I'm writing on behalf of my sister who has recently gotten a karmic message to settle down, tie loose ends and pick herself back up by under the protection of our law. I'm asking for your help to articulate that justice is blind.

    She, my sister, was visiting someone(renter) at a mobile home apartment with her friend where she became disabled to walk in the bathroom. Sister was walking inside and next, she was on the floor. She realized she couldn't move her leg and picked herself up with the leverage of the tub with her arms and enabled leg to the toilet seat and called for help. Her friend came in and she asked her to call the ambulance because her cell phone didn't have a signal in the bathroom. My sister sat there and overheard the friend say "so you don't want me to call the ambulance?" when she was telling the renter what was happening. Next the renter came in physically suggesting her stand up on her foot resulting in something extremely painful happening in the disabled area. Next the renter brought a used medical boot to aid her, while the friend took my sisters cell phone outside to call our cousins who came to pick her up and take her to the nearest emergency room where x-rays revealed a broken ankle that may need surgery to treat.

    What liability is the renter and property owner exposed to after refusing emergency medical assistance after a fall in and on their property?

    Thank you kindly.
    The short answer is NO. Both the renter and LL has no liability at all to render emergency assistance.

    First, there is a principle in common law where there is NO legal requirement to render aid, unless under certain circumstance as required under state law. See a summary of what these requirements are, and they usually involve criminal activity:

    http://volokh.com/2009/11/03/duty-to...port-statutes/

    Then if you contend their help aggravated your injuries, then they are protected under CA good samaritans' law:

    http://heitingandirwin.wordpress.com...mergency-care/

    Furthermore,when your friend step outside, she is free to call anyone including 911.

    BTW, I take care of elderly relatives, and I handle emergencies at a senior center where I work. My dad had asked me NOT to call 911 automatically without his expressed permission. While the procedures at the center had us call 911 if I deem a senior needs assistance, but many beg us not to.

    The reason?? Paramedics who are part of our NYC Fire Department would come, and if a patient goes onto an ambulance, they would eventually receive bills later on for anywhere from $400 to $800, some may be covered by medical insurance, but many are not. So if a senior feels dizzy at our center, he would rather we call his son or relative to bring him to an emergency room in a car, rather than have 911 bring him there, only to find out he's dehydrated, no treatement needed, then get stuck with an $800 bill. One senior was extremely upset at our haste to call 911, and want to know if we would be covering his bill.

    My dad once was very upset that 911 was called when he fell down. He got stuck with the ambulance bill, and a two week stay at the hospital. He told me they wouldn't release him, so after two weeks, one day he got up changed into his street clothes, and proceeded to walk out of the place, with nurses chasing after him saying "you can't leave, the doctor has to check you out". He told them "just watch me" and if they have a problem with him leaving, just to call the cops. They didn't call and he just walked home, about half a mile away.

  4. #4
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    13,391

    Default Re: Liability for Refusing to Call an Ambulance for an Injured Person

    It does sound like she has bad Karma. Maybe the message is directing her to become a para legal.

  5. #5
    Join Date
    Oct 2011
    Location
    Gyeongsangnamdo Korea
    Posts
    2

    Default Re: What Liability is a Renter and Property Owner Exposed to when They Refuse

    Sincere thanks to your knowledge and experiences. We're eternally grateful.

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