• Em Adespoton@lemmy.ca
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    4 days ago

    Depends on the country you’re in. Some have Good Samaritan laws; some don’t.

    But the truth is: you can always be sued. The only difference is in how far the lawsuit will go before it ends.

  • Aeao@lemmy.world
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    2 days ago

    If I slip in Burger King and want to sue McDonald’s for it I can. The case will probably be dismissed but I can certainly try.

    The real question is should you worry about getting sued for saving someone’s life. You shouldn’t be worried, we have laws to protect helping people in danger.

  • Duamerthrax@lemmy.world
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    3 days ago

    You can be sued for whatever, but it’s unlikely to be treated seriously by the judge or jury unless there’s video that could prove the injury was intentional.

    • shalafi@lemmy.world
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      3 days ago

      First you have to find a lawyer that will take the case, then a judge that doesn’t toss it. Frivolous lawsuits are not common.

  • meco03211@lemmy.world
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    4 days ago

    Rest assured Dr. Henry Heimlich will sue your ass into the ground for using his name for that “maneuver.” It’s to be called the abdominal thrust maneuver.

    • olduffer @lemmy.world
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      3 days ago

      I was told this during my first aid training. I was also told that if I’m sued, and was following the training I was provided (St John Ambulance, UK) they would cover liability. Only the training though, no tracheotomy with a biro lol. In addition, a quick search says, there has never been a successful case of suing a first aider in the UK, and the SARAH Act has further strengthened this position.

      • thebestaquaman@lemmy.world
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        23 hours ago

        I am a firm believer that anyone that unsuccessfully sues a first aid responder should automatically be sentenced to paying the person double what they sued for. No counter-suit required: A loss just automatically means you have to pay up.

  • phdepressed@sh.itjust.works
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    4 days ago

    Broadly in the US you would not be liable. There are exceptions such as if help was refused or if you take payment for helping then you can be held liable. And if you do something “grossly negligent” such as breaking an arm for the heimlich then you coulr be liable as well.

    I would note that breaking ribs for the Heimlich or CPR is very common if not expected even done properly so even if found liable for other reasons it’d be quite hard for them to be successful at suing you.

    • susieq0044@sh.itjust.works
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      3 days ago

      I once rescued somebody with the heimlich, and I can’t imagine how I could have broken a rib? I grabbed her below the ribs, pulled hard on the upper belly and the lodged object flew out in an arc.

      • phdepressed@sh.itjust.works
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        3 days ago

        Many of the people who are more likely to choke are at greater risk. Old people have fragile bones, kids dont leave much room, and fat people can be difficult to assess how hard you’re heimliching. A more stuck morsel can also require greater force. All these factors aside most people err on the side of greater force rather than proper technique.