Good Samaritan damages car - who is responsible?

The Globe and Mail ^ | Jan 02, 2014 | JOANNE WILL

[rickmichaels]

A friend of mine saw a man whose car was stuck in a snow bank, stopped and offered to help push him out. He accepted. A few other people stopped and joined in. Someone pushed on the spoiler of the car and it snapped off. The driver was furious and demanded compensation, which has not been forthcoming as of yet.

My friend believes the driver told the person to push on the spoiler, but of course he disputes that now (he would testify to that effect if necessary). Are Good Samaritans who are trying to help responsible for damages? Should I just drive on next time and leave it to CAA to get people unstuck? I am guessing that by accepting help, the driver accepts the risks. If he has a claim, would auto or household insurance be able to step in? – Robert in Calgary

[G Larry]

The good guy thanks the helpers and recognizes the damage is the price of help.

I’ve been there. (Cracked sunroof from helpers pushing on the roof line.)

[sickoflibs]

I would say yes!

[driftdiver]

Lost me at “demanded compensation”. As long as it wasn’t malicious I wouldn’t even talk with this person again let alone pay them for trying to help them.

[miss marmelstein]

Throw him back in the snow bank.

[spankalib]

From the perspective of the 4 basic temperaments: (funny - I didn’t know the A was in there...)

1. Sanguine - laughs it off
2. Melancholy - cries about it
3. Phlegmatic - oh well, so what, gotta get another, eh, maybe
4. Choleric - YOU &^%%$%^ , you’re gonna have to pay me for that!

I think most ‘normal’ people would consider it a ‘cost’ of getting helped (for free too!) - but you never know...

[caver]

There are liability issues when you give someone CPR. Lawyers have ruined this country.

[Tupelo]

I am sure the automobile owner was just frustrated and upset from being stuck and late for wherever he was going. When he cools off and thinks it over, he will forget the whole thing and make the repairs himself.

That said, I cannot believe someone would be so stupid as to try to push a car from a PLASTIC part. Everyone knows plastic is not strong enough to be used as a push point. Plus it gets brittle as all heck in the cold. Sheesh!

But wait. There's more. This IS 2014. Year six of the Era of Obama. Scratch all of the above. There is no common sense left. Driver will probably sue and win.

[HonorInPa]

Actually all states except Washington and Minnesota have some sort of Good Samaritan law. (Are we still allowed to use that term since in comes from the Bible?)

[ThunderSleeps]

They should realize one of the best ways to push on a car is the top of the tire. If you can get to it and have gloves or can otherwise get a pretty good grip it is where you get the most leverage. You are pushing on the top of the tire. The “fulcrum” is the bottom of the tire where it touches the road. The car is resisting from the axle - half way up. So you literally double your leverage, doubling your push.

[ScottinVA]

I suppose technically the “Good Samaritan” would be liable for breaking the spoiler but a driver with a magnanimous viewpoint would say, “no problem, thanks for the help.”

But unfortunately, Americans lack magnanimity these days.

[yldstrk]

that is the reason people ignore others who need help

people who need help can be complete asses and ingrates

[Nervous Tick]

>> They should realize one of the best ways to push on a car is the top of the tire.

That rules out letting the car’s drive train help with the pushing. ;-)

[miss marmelstein]

Did you ever think visibility was very, very bad? The fog was incredibly thick during this storm and the snow, itself, obscured the view. And how many hands were struggling to find a position on the car? Sheesh, people are such ingrates. He obviously got out of the snow back and avoided hypothermia. But, nooooooooooo, he’s gotta complain and demand payment.

I had to look up “spoiler” on google.

[mountn man]

that is the reason people ignore others who need help

people who need help can be complete asses and ingrates

You forget. This is the United States.

Where help is owed to another, whether you want to or not.

[Sir Napsalot]

>>> .... furious and demanded compensation

How does the driver decide how much compensation is due him (on the spot)?

I would just bill him double for the work performed, and split the 50% left amongst the good folks who stopped and helped.

Win - win.

[yldstrk]

if ordered to help by fedgov you mean

[DeaconBenjamin]

This is the United States ... This is America

Actually, this is Canada. Robert in Calgary

[Harmless Teddy Bear]

He didn't damage the car, he damaged a decoration on the car. The car will operate just fine without the silly piece of plastic.

Tell Mr PITA to grow up and get over it. The primary cause of the car decoration being damaged is that he is unable to drive in the snow. Perhaps he should take the bus from now on.

[dblshot]

Ladies and gentlemen of the jury. In summation, my client, while helping the defendant move his car from a snowbank, placed his hand on a defective spoiler which broke of causing my client to slip on the icy footing which defendents car caused when he started the engine subsequently causing the snow to melt at the rear of the car in the vicinity of the car exhaust. The resulting slip caused by clients to loose his balance placing his weight on said defective spoiler which snapped causing my client to pitch forward at such an angle that he sustained serious back injury. We are asking for medical expenses, loss of income, and punitive damages from the defendant's lack of care, negligence and psychological abuse directed at my client,