Its true, our justice system is a total joke! In America you can be sued for practically just about anything. First it was the case of the 56 million dollars pants now this: Good Samaritan can be sued.
Just because someone can sue you for something doesn't mean they are going to win the lawsuit. What I don't understand is why people always talk about crappy lawyers and frivolous lawsuits but never mention that juries made up of everyday people are the ones that make the decision of guilt or innocence.
It is true that juries usually hand out the ridiculous $ amounts, but well over 85% or so of cases get settled before a jury even gets a chance to get selected. I actually e-mailed that link to my Torts professor b/c we were having a discussion about how far a person's duty should extend in November and I thought this case was perfect for our debate. I feel bad for the lady, but I think it is a dangerous road to go down if the court rules in her favor. However, this is CA and the CA Supreme Court has made the most interesting, unique, and mind-blowing decisions in the past few years in Torts cases, so this is going to be an interesting one. Can't wait to read the courts decision.
They may not win the lawsuit, but you generally have to hire a lawyer and have another associated expenses and worry to go through in order to defend yourself.
That's the undertaking rule. That has be in place for a long time. The good sam rule says you don't have to do anything if someone is under peril, but if you decide to help, you have to take care of he/she with due care while that person is within your charge and can't leave he/she at a worse off position.
By the way for those saying the British rule is better, think about that you have to be dam sure when suing somebody because if you lose you pay for the other side's litigation cost. Effectively the British system makes harder on those less than 50% sure law suits, because the cost of such suits may be too high for the plaintiff to bring. There are pros and cos in both American and British systems.