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Old 10-07-2010, 11:39 AM
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jfrog jfrog is offline
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Re: The Flaw in Libertarian Ideals

Quote:
Originally Posted by HaShaliach View Post
What is over looked are the legal problems that would be incurred if the fireman assisted.

If there was any property damage, other than that which was a 'direct' result of the fire, the FD would be liable, even if the damage was necessary to fighting the fire, e.g., breaking a window or tearing up a section of the roof.

If any livestock got killed, injured, or got loose (lost). Liable.

If any individual got killed, injured, or suffered any person, physical, monetary loss, or any other emotional problems that could be attributed to the actions or inaction of any FD crew member or equipment, liable.

It has gotten so bad, that until many states passed a 'Good Samaritan' law, medical personal would not [could not] stop an give medical assistance to strangers, because of the lawsuits, anything from malpractice to criminal negligence.

If anything happened, whereby anyone associated with the fire and/or its location could claim any loss, hurt, or discomfort that could be attributed to the FD or any of its employees, that individual could loose his job, home, and possibly go to jail.

No, if this was a service contract required location, then to provide any services, no matter how well intentioned, would to be to take a gamble that could have serious repercussions beyond just putting some water on a burning building. ILegal problems could include the FD district (city, town, etc.) having to pay for the rebuilding of the house and replacing its furnishings.

Now, a few decades ago, before folks found out they could get a million dollars from a company for carelessly burning themselves with hot coffee, sold to them at own their request, and as being advertised as being 'hot', most folks would have been glad to lend a hand to save another person's home.

Or, being sued over:
A tree limb that dropped fruit on their side of a fence.
Allowing a dog to 'drop' a load outside of one's own yard, known to you or not.
Other equally insane suits. etc., etc.

In this case, while it is regrettable, I have to side with the fireman.
That was a bad case to cite. McDonalds was in the wrong on that coffee case.
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