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My point was it seems different if someone who trains and certifies personnel to do the work says don't tie someone to the boat and you are certified and you tie someone to the boat than if Joe average citizen  who doesn't know any better is trying to help someone  and ties them to the boat and unfortunate repercussions result.  I'm not trained in rescue procedures and what they did seems illogical to me.   JimskiduganwithjustoneG

"McCusker, Brad" <[log in to unmask]> wrote:       @font-face {   font-family: Comic Sans MS;  }  @page Section1 {size: 8.5in 11.0in; margin: 1.0in 1.25in 1.0in 1.25in; }  P.MsoNormal {   FONT-SIZE: 12pt; MARGIN: 0in 0in 0pt; FONT-FAMILY: "Times New Roman"  }  LI.MsoNormal {   FONT-SIZE: 12pt; MARGIN: 0in 0in 0pt; FONT-FAMILY: "Times New Roman"  }  DIV.MsoNormal {   FONT-SIZE: 12pt; MARGIN: 0in 0in 0pt; FONT-FAMILY: "Times New Roman"  }  A:link {   COLOR: blue; TEXT-DECORATION: underline  }  SPAN.MsoHyperlink {   COLOR: blue; TEXT-DECORATION: underline  }  A:visited {   COLOR: blue; TEXT-DECORATION: underline  }  SPAN.MsoHyperlinkFollowed {   COLOR: blue; TEXT-DECORATION: underline  }  P {   FONT-SIZE: 12pt; MARGIN-LEFT: 0in; MARGIN-RIGHT: 0in; FONT-FAMILY: "Times New Roman"; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto  }  SPAN.EmailStyle18 {   COLOR: navy; FONT-FAMILY: Arial; mso-style-type: personal-reply  }  DIV.Section1 {   page: Section1  }      >But, an
 ON-duty rescuer cannot be protected, since that is what he or she is getting paid to do. 
   
  "getting paid to do" - Huge assumption.  Cornish is a volunteer Fire and Rescue department.  I think Good Samaritan laws generally kick in and protect the individuals who participate in volunteer fire/rescue departments.  I could be wrong. 
   
  But, it doesn't matter because I answered the wrong question.  Sorry.
   
  Mr. Duggan's original question was regarding the "rescue organization ", in which case I believe the answer is yes, assuming something such as negligence can be proven.
   
  

      
---------------------------------
  From: Vermont Skiing Discussion and Snow Reports [mailto:[log in to unmask]] On Behalf Of David Merfeld
Sent: Tuesday, August 29, 2006 3:26 PM
To: [log in to unmask]
Subject: Re: [SKIVT-L] rescue gone bad


  
    Brad McCusker wrote:
   
    James Duggan wrote:

     

    >Just wondering, can a rescue organization be held liable in a 

    >civil suit if some action is done completely incorrect especially 

    >in a non-life and death situation?  

     

    I'm not a lawyer, but, I am a trained rescuer.  My understanding (in simplistic terms) is that as long as I perform to my certified level of training, and I follow that training, I can't be held liable for unfortunate events.  That is the essence of most states "good Samaritan" law.

     
  ---End of quote---
   
  That isn’t exactly the way these laws work, or their intention.  They were created to shield lay persons who attempt to help, and are designed, for example, as an encouragement to an off-duty doctor or nurse to apply his or her technical skills, without fear of suit.  
   
  But, an ON-duty rescuer cannot be protected, since that is what he or she is getting paid to do.  Then, the question becomes one of negligence, and the general standards are:  did the person fail to exercise reasonable care, was the resulting harm caused by that failure (as opposed to negligence “in the air”), and was the harm reasonably foreseeable (if you fail to adequately protect for meteor impact, you probably will not be held liable).
   
  David “not a lawyer…yet” Merfeld 
   


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