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Get Injured Helping Someone at a Horse Show - Court Says Too Bad

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  • #61
    Originally posted by cssutton View Post
    And some one in DC will decide that since horses are inherently risky, horse related injuries will not be covered.

    You can argue with and you can sue your insurance carrier. You have zero redress against a national health system.
    Pfft. We're the only industrialized county in the world without some kind of health care for all system...and oddly enough according to your logic, not the only ones who ride horses or have dangerous hobbies.

    Nice try.

    Comment


    • #62
      Originally posted by goneriding24 View Post
      The story I quoted about the burning car and the paralyzed girl happened in a good samaritan state. It's been several years and I don't remember all the detaild.
      The California Torti/van Horn case? The car wasn‘t on fire. The friend (probably reared on a steady diet of teevee where any crashed car invariably explodes in flames) assumed there wouldf be an explosion when the victim‘s car crashed into a pole (and you know, didn‘t actually burst into flames, as cars irl tend not to).

      However, to me the court‘s decision was a bad one, and its foundation rested on the interpretation of “emergency services“ as purely medical. The statute was amended in 2009 precisely to avoid further such lawsuits against well-meaning, if idiotic, Good Samaritans.
      Proud Member Of The Lady Mafia

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      • #63
        Originally posted by clanter View Post
        I used to stop, render aid as I had been in combat and knew what to do.... in the mid 1990s I pulled an injured driver out of a car before it burned.... stopped the bleeding and was cut in the process extracting them from the crashed car.... person died.... I attempted to find out if I could get an AIDS test run on the person...their family refused... as result every six months for the next five years had myself tested for AIDS

        So, given that...sorry but in the future never again.
        I can't imagine how horrible that would have been for you! I don't blame you one bit.

        No good deed goes unpunished. I think everyone needs to stop and this about that before jumping in to "help" someone.
        Jigga:
        Why must you chastise my brilliant idea with facts and logic? **picks up toys (and wine) and goes home**

        Comment


        • #64
          Originally posted by Coanteen View Post
          The California Torti/van Horn case? The car wasn‘t on fire. The friend (probably reared on a steady diet of teevee where any crashed car invariably explodes in flames) assumed there wouldf be an explosion when the victim‘s car crashed into a pole (and you know, didn‘t actually burst into flames, as cars irl tend not to).

          However, to me the court‘s decision was a bad one, and its foundation rested on the interpretation of “emergency services“ as purely medical. The statute was amended in 2009 precisely to avoid further such lawsuits against well-meaning, if idiotic, Good Samaritans.
          Probably not the same case. The car in this case was already on fire.
          GR24's Musing #19 - Save the tatas!!

          Comment


          • #65
            Originally posted by mvp View Post
            Well you can't have it both ways-- you wouldn't help the other guy, know your family would be psyched for that because they would risk losing anything, but say "God bless 'em" about the person who would accept as risk to help you.

            God has nothing to do with it. You decide you won't sue the poor slob who wasn't quite as canny as you.

            You can, however, thank God that not everyone feels as you do, should you get the opportunity.
            I sure can have it both ways. I would hope someone would want to help me or my fam but I 'get it' that they prolly wouldn't, given all the liabilities later on. I don't expect anyone to help me in just about any situ, accidents included.

            God has a lot to do with it. The person who helps hopefully would be blessed by God for doing the right thing. According to all which has been written, it's not 'me' who decides to sue, it's the insurance companies hoping to get back the money they've paid out.

            And...actually, from what I'm reading, there are quite a few people who feel as I do, they are afraid of helping out for fear of losing everything.
            GR24's Musing #19 - Save the tatas!!

            Comment


            • #66
              Originally posted by clanter View Post
              I used to stop, render aid as I had been in combat and knew what to do.... in the mid 1990s I pulled an injured driver out of a car before it burned.... stopped the bleeding and was cut in the process extracting them from the crashed car.... person died.... I attempted to find out if I could get an AIDS test run on the person...their family refused... as result every six months for the next five years had myself tested for AIDS

              So, given that...sorry but in the future never again.
              I don't blame you one bit! I'm gobsmacked the family refused, just beyond comprehension almost. But, again, they were thinking of themselves only and not you and your peace of mind.
              GR24's Musing #19 - Save the tatas!!

              Comment


              • #67
                Originally posted by goneriding24 View Post
                I don't blame you one bit! I'm gobsmacked the family refused, just beyond comprehension almost. But, again, they were thinking of themselves only and not you and your peace of mind.
                Back in the 90's people were still afraid to admit they had AIDs...even the ones infected by a transfusion...it was still considered a gay disease.

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                • #68
                  Originally posted by goneriding24 View Post
                  Probably not the same case. The car in this case was already on fire.
                  Given that I've tried googling this with different keywords, and that many news/blog/forum/etc sources reference this case with varying levels of outrage (and many of the non-official sources like forums indeed repeat that the car was on fire), I'm gonna go with...yup, same case. Distorted in the retelling much like the McD's hot coffee case is.
                  Proud Member Of The Lady Mafia

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                  • #69
                    Originally posted by cssutton View Post
                    And some one in DC will decide that since horses are inherently risky, horse related injuries will not be covered.

                    You can argue with and you can sue your insurance carrier. You have zero redress against a national health system.
                    If the national health system were like...a huge private insurance, I guess?
                    I'm not sure how many Americans understand how for ex the Canadian or UK single-payer health systems work. In Canada you can undertake the most dangerous hobby and go about it in the stupidest, most suicidal way possible - and when you invariably land in hospital, you are still covered. You are covered no matter what. No matter what you do, no matter what your pre-existing conditions were, your care is free (to you personally, as in you get no bill; obviously it's paid for by taxes but there is no "personal" billing if you hold a provincial health card).

                    I have the impression some people think you get a bill and then send it to the "national insurance" to pay, and they decide if it's covered or not. No, there's no such thing. Our system doesn't cover everything, it doesn't cover your outpatient meds, I'm pretty sure it doesn't cover ambulance rides or at least in many cases it doesn't, it doesn't cover elective procedures like most plastic surgery or LASIK, but it covers outpatient visits (the office appts with your docs) and all in-hospital non-elective care. It doesn't care how landed in hospital, it doesn't exclude on the basis that you did a stupid risky thing.
                    Proud Member Of The Lady Mafia

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                    • #70
                      Originally posted by goneriding24 View Post
                      I don't blame you one bit! I'm gobsmacked the family refused, just beyond comprehension almost. But, again, they were thinking of themselves only and not you and your peace of mind.
                      I am gobsmacked you got a thumbs-down for that! Could the thumbs-downer please explain?
                      Jigga:
                      Why must you chastise my brilliant idea with facts and logic? **picks up toys (and wine) and goes home**

                      Comment


                      • #71
                        Originally posted by cssutton View Post
                        And some one in DC will decide that since horses are inherently risky, horse related injuries will not be covered.
                        Just like in all the other countries that have universal healthcare?
                        Jigga:
                        Why must you chastise my brilliant idea with facts and logic? **picks up toys (and wine) and goes home**

                        Comment


                        • #72
                          Just like the agriculture department telling children they can not eat.....lots of things.

                          Like Bloomburg regulating salt, drink size and hamburgers in restaurants.

                          We have our own unique Marxists.

                          And as one who has just gone through it, we have people who tell us when we can get cataract surgery. You have to be nearly blind.

                          Comment


                          • #73
                            Originally posted by Coanteen View Post
                            Given that I've tried googling this with different keywords, and that many news/blog/forum/etc sources reference this case with varying levels of outrage (and many of the non-official sources like forums indeed repeat that the car was on fire), I'm gonna go with...yup, same case. Distorted in the retelling much like the McD's hot coffee case is.
                            Well, could be, but this was at least 10 years ago and I'm pretty sure it was in the South. I read it in a magazine, not on the internet because before 10 years ago, I lived way out in the country, no internet and read things while in the library, waiting on my kids to get out of school. I can't say yay or nay, I've slept since then...
                            GR24's Musing #19 - Save the tatas!!

                            Comment


                            • #74
                              Originally posted by saultgirl View Post
                              I am gobsmacked you got a thumbs-down for that! Could the thumbs-downer please explain?
                              I'm sort of amazed too. Actually, I'm getting kind of tired of the 'thumbies'. I guess we're all supposed to agree with each other and check in to make sure we're toeing the line?? Ain't happ'nin' with me, though. I have a lot of down thumbies. Well, whatev...
                              GR24's Musing #19 - Save the tatas!!

                              Comment


                              • #75
                                See, another down thumbie!! HA!! Actually, I'm starting to think someone just goes through and hits the down thumbie, just for yuks. I have a few less uppy thumbies than downies. Seems sort of off kilter, giving an uppy or downy and but then don't have to say who you are.

                                Oh, well...
                                GR24's Musing #19 - Save the tatas!!

                                Comment


                                • #76
                                  Someone who risked (and lost) their life to save a fellow human being...http://www.huffingtonpost.com/2012/1...tml?ref=topbar

                                  Comment


                                  • #77
                                    Originally posted by red mares View Post
                                    I found the decision if anyone is interested:
                                    http://www.supremecourt.ohio.gov/rod...-ohio-5692.pdf


                                    See above - more to this than meets the eye. Sounds like Smith was groom for her father who was training horses for Landfair. Landfair took two horses to an offsite blacksmith. He came back, unloaded one mare & put her up then went back to get the other one. When he was unloading the 2 yro the Amish team went by, she jumped and he went down. Smith went in to get the horse and got kicked. She claimed she wasn't a spectator because she wasn't there watching this horse; she was watching another horse.

                                    Someone please explain to me how you can be employed as a groom and not know that sh!t happens when horses spook? I mean it sucks that she got kicked, but this ranks up there with the old coot who sued another exhibitor after he fell of his horse at a saddlebred show.
                                    ^^This.^^ Anyone who works for a trainer should know that a spooked two year old is nothing to get close to, unless it's absolutely necessary. And in this case, it wasn't. Dumb mistake on her part, and now she's looking for someone to pay her bills. Pretty sleazy, IMO.

                                    Also, I didn't read the entire decision, but anyone with as much experience as the plaintiff should have known better than to sue over something like this. As others have said, $h!t happens with horses, and this time, it hit her. Glad to see justice prevailing.
                                    In loving memory of Laura Jahnke.
                                    A life lived by example, done too soon.
                                    www.caringbridge.org/page/laurajahnke/

                                    Comment


                                    • #78
                                      Originally posted by jetsmom View Post
                                      Someone who risked (and lost) their life to save a fellow human being...http://www.huffingtonpost.com/2012/1...tml?ref=topbar
                                      My condolences to his family. However, I would be surprised if his family sued the person he rescued for wrongful death.
                                      Visit my Spoonflower shop

                                      Comment


                                      • #79
                                        Originally posted by cssutton View Post
                                        Just like the agriculture department telling children they can not eat.....lots of things.

                                        Like Bloomburg regulating salt, drink size and hamburgers in restaurants.

                                        We have our own unique Marxists.

                                        And as one who has just gone through it, we have people who tell us when we can get cataract surgery. You have to be nearly blind.
                                        Not to mention the fact that our current and most recent Congress seems to be affected with terminal constipation. IMHO anyone who wants to give the government a monopoly that they are forced to pay into is NUTS
                                        I wasn't always a Smurf
                                        Penmerryl's Sophie RIDSH
                                        "I ain't as good as I once was but I'm as good once as I ever was"
                                        The ignore list is my friend. It takes 2 to argue.

                                        Comment


                                        • #80
                                          Trailers and spooky horses are never a good mix. If nothing else, this should be a reminder of using the utmost care when loading and unloading horses. And someone rushing up on a spooking horse could easily have added fuel to an already hot situation.

                                          This is sad that it resulted in medical bills but its better to let a panicked horse break off a rope and get out of the trailer, which is probably what happened anyway - after the filly kicked the plaintiff in the head.

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