Originally Posted by CUkayakGirl
My question is this: If she would have let go of the rope, somehow got stuck in the hole below and died. Could her parents sue us or even if she didnt die, could she sue us? People have told me that it has happened many times in emergency situations that the person doing the saving has ended up getting f***ed later on. Are we protected under any law for attempting to save these people?
First off, nothing can prevent someone from suing you, the real question is whether such a suit has a chance.
The Good Sam law has been posted. Basically, what it does is raise the bar from mere negligence to gross negligence. The common law doesn't include a duty to rescue. However, once you undertake a rescue, under the common law you could be held liable if you perform that rescue negligently. The good sam law just changes the common law rule, making you liable only if you were grossly negligent.
What those 2 terms mean has been litigated to death, and it's impossible to define. Basically, ask yourself this: would a reasonable person consider your actions negligent? Would they consider them grossly negligent?
I suspect that if you did your best and didn't do anything exceedingly stupid you might be negligent, but not grossly negligent. If instead you tried to perform open heart surgery, that might be grossly negligent.