As with similar questions, it depends on where you are.
Most places have some version of a good Samaritan coverage for such things, as long as you’re acting in good faith. But not all places do
Laws vary by location, without a location we cannot tell you an accurate answer.
So he’s american
In the US, regular people are covered under good Samaritan laws so, they could file a lawsuit but they’d lose.
The problem being just because you would win doesn’t mean it won’t be debilitating and financially crippling. People online are always very glib about lawsuits. The truth however is being involved in a lawsuit, a real lawsuit, is one of the worst things that could ever happen to you. And Lord help you if the person who’s suing you is wealthier than you by any significant degree. Because in that case you’re going to lose no matter what the law says.
Just start a go fund me. The internet loves to help the little guy fight rich people.
See the section on frivolous lawsuits:
Lol
Legal questions can’t be answered without information on jurisdiction.
Usually the answer is: yes, you can be sued because you can be sued for anything (suing just means: asking a court to award damages, not actually getting them), doesn’t mean the person suing you will get very far.
In the US, you’re typically protected by good Samaritan laws, so a lawsuit could be filed, but it would almost certainly be dismissed outright.
Where do you live? In most countries such a case wouldn’t have a chance to end up in court.
No.
Legal Eagle had a video where he answered this question a while back. I don’t remember the exact one, tho; it was one where he answers a bunch of questions as opposed to a single topic of discussion.
You can be sued for whatever, but it’s unlikely to be treated seriously by the judge or jury unless there’s video that could prove the injury was intentional.
First you have to find a lawyer that will take the case, then a judge that doesn’t toss it. Frivolous lawsuits are not common.
Depends on how you cook it…
Yes.
Broadly in the US you would not be liable. There are exceptions such as if help was refused or if you take payment for helping then you can be held liable. And if you do something “grossly negligent” such as breaking an arm for the heimlich then you coulr be liable as well.
I would note that breaking ribs for the Heimlich or CPR is very common if not expected even done properly so even if found liable for other reasons it’d be quite hard for them to be successful at suing you.
I once rescued somebody with the heimlich, and I can’t imagine how I could have broken a rib? I grabbed her below the ribs, pulled hard on the upper belly and the lodged object flew out in an arc.
Many of the people who are more likely to choke are at greater risk. Old people have fragile bones, kids dont leave much room, and fat people can be difficult to assess how hard you’re heimliching. A more stuck morsel can also require greater force. All these factors aside most people err on the side of greater force rather than proper technique.
Rest assured Dr. Henry Heimlich will sue your ass into the ground for using his name for that “maneuver.” It’s to be called the abdominal thrust maneuver.
I was told this during my first aid training. I was also told that if I’m sued, and was following the training I was provided (St John Ambulance, UK) they would cover liability. Only the training though, no tracheotomy with a biro lol. In addition, a quick search says, there has never been a successful case of suing a first aider in the UK, and the SARAH Act has further strengthened this position.
Ah St. John Ambulance, inventor of the Ambulances, great guy.
I am a firm believer that anyone that unsuccessfully sues a first aid responder should automatically be sentenced to paying the person double what they sued for. No counter-suit required: A loss just automatically means you have to pay up.
You can be sued for anything. It’s the chance of winning that’s important.
With this and chest compressions, I always thought that broken ribs were almost a given.
Nah, if you’re breaking ribs with the Heimlich, you aren’t doing it right. The goal is to provide the “push” under the ribs, not to squeeze the chest.
There’s certainly room for it to happen, but it isn’t the default. I’m a big dude, used to be strong enough to heft a 400 pound lady out of the shower floor solo because there wasn’t room for a machine, and nobody else could fit in the shower.
So, when I say I’ve done the Heimlich plenty, and never even cracked a rib, much less that kind of rice krispie fractures possible during chest compressions, it’s saying something.
Side note, it is one hell of a trippy experience sometimes. Like, in the nursing homes, you know you’re going to be doing it plenty, sp it takes on a certain humdrum reality. “Oh, Mr Magoo is choking again, better pop that out. He good now? Yup, he’s fine, digging back into dinner.”
But sitting around someone’s dinner table and they get something stuck, and you clear it, and everyone just goes back to their meal like nothing happened, not even a comment on it? That is trippy as hell.
You can always be sued - just depends on how strong their case against you is
If I slip in Burger King and want to sue McDonald’s for it I can. The case will probably be dismissed but I can certainly try.
The real question is should you worry about getting sued for saving someone’s life. You shouldn’t be worried, we have laws to protect helping people in danger.
No way! If you feel a rib break just stand your ground and finish them off.
