우리카지노: It's Not as Difficult as You Think

[Janita Cataldo]

The other day, a client was telling me a story.  While trying to describe somebody's personality, he said this:

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"She's the type of person that will find fault in everything you do. If you push her off the tracks just seconds before she is about to be struck by a speeding locomotive, she'll sue you for bruising her leg and soiling her clothes."

And that reminded me of New York's Good Samaritan law, today's topic.

Common Law: No Good Deed Goes Unpunished

Generally speaking, there is no duty to come to the aid of somebody that has been in an accident and in need of emergency medical assistance. However, not long ago, if you attempted to render medical assistance to somebody and botched the rescue, chances were you would be sued. Therefore, educated bystanders wouldn't dare attempt a rescue.

Since the common law discouraged bystanders from attempting to render medical assistance to those in need, the legislature, recognizing this result was both unacceptable and undesirable, enacted in 2000 what is generally referred to as the Good Samaritan law.

Effect of the Law

New York's Good Samaritan law carves out specific circumstances when an individual shall not be held liable for ordinary negligence in attempting to render medical assistance. Instead, they will only be held liable in cases of gross negligence.

Gross Negligence

Simply put, negligence is a failure to exercise ordinary care. Gross negligence means a failure to use even slight care, or is conduct that is so careless as to show complete disregard for the rights and safety of others.

When it Applies

The law isn't found in one centralized part, but rather integrated into various provisions of the NY Public Health Law and the NY Education Law.

Importantly, New York's Good Samaritan law is limited to medical treatment or assistance. The heart of the law is found in Pub. Health Law §3000-a, which provides in part:

Any person who voluntarily and without expectation of monetary compensation renders first aid or emergency treatment at the scene of an accident or other emergency outside a hospital, doctor's office or any other place having proper and necessary medical equipment, to a person who is unconscious, ill, or injured, shall not be liable for damages for injuries alleged to have been sustained by such person or for damages for the death of such person alleged to have occurred by reason of an act or omission in the rendering of such emergency treatment unless it is established that such injuries were or such death was caused by gross negligence on the part of such person.

Voluntary Act; No Expectation of Monetary Compensation

An important theme here is that the person act both voluntarily, and without the expectation of monetary compensation. This is significant because the protection extends to dentists (Educ. on Law §661[6]), physicians (Educ. Law §6527[2]), nurses (Educ. Law §6909[1]), physicians assistants (Educ. Law §6547) and physical therapists (Educ. Law §6737), provided they are not in a place having proper and necessary medical equipment, and are not rendering their professional or licensed services in the ordinary course of their practices.

Automated External Defibrillator (AED) and Epinephrine Auto-Injector (Epi-pen) Devices

The law is somewhat different, however, for emergency health care providers, or those persons or entities that purchase or make available Automated External Defibrillator (AED) devices, or Epinephrine Auto-Injector devices. In those cases, the emergency health care provider, person or entity, shall not be held liable for the use of that equipment if a person voluntarily and without expectation of monetary compensation renders first aid or emergency medical treatment, and shall also not be held liable for the use of defectively manufactured equipment.

However, the law expressly states it shall not limit claims against the emergency health care provider, person or entity that purchased or made available that equipment from its own negligence, gross negligence or intentional misconduct. Pub. Health Law §3000-a(2). See, also, Pub. Health Law §3000-b (Automated External Defibrillators) and Pub. Health Law §3000-c (Epinephrine Auto-Injector).

Go Ahead, Be a Hero

Once again, it is safe to play superhero, but remember to use at least ordinary care.

(NOTE: Emergency medical technicians and volunteer ambulance services are subject to more technical provisions under Pub. Health Law §3013.)

Many older homes have foundations made of field stone that may over time have sagged or bowed from the elements pushing on the stones. Since no mortar as we know it today was used, the stones can easily shift. If there has been a serious total collapse of the stone wall, total replacement is necessary. If the problem is less severe, a new concrete reinforcing wall may be in order. If you have an earthen basement floor the job is even easier. Starting on the inside of the basement you must first excavate a trench alongside the existing wall to install a new footing for the reinforcing wall. I would make the footing at least two feet wide but three feet wide is much better. Make the footing one foot deep. The top of the new footing should match the bottom of the stone wall and the new floor will sit on top of the footing. Be careful not to disturb the soils under the stones. There will be no footing under a stone wall. Once you are done excavating, form the footing and install the reinforcing bars. Use at least 5/8' diameter bars. Run them the full length of the footing and in a three foot wide footing there should be three continuous bars. Now take pieces cut four feet long and bend a one foot bend at one end making an ell shape. These bars will be tied to the inner and outer most footing rebar to form two rows of dowels running the full length of the footing, no more the thirty-two inches apart. When the footing is poured you will see only the vertical part of the bars sticking out. Once the footing concrete is dry, strip all the forms leaving no wood behind for termites to latch on to for dinner.

Now using the same size rebar, install horizontal bars starting three inches up from the footing and place one every twelve inches running the full length of the new wall. Do this on both rows of dowels. These when completed are called wall mats. Using some small scraps of rebar, tie them with wire between the two mats to keep them separated when you pour the heavy concrete. The new wall thickness will depend upon how thick your 우리카지노 stone wall is and how badly bowed the stone wall is. My last wall was basically twenty four inches thick but twelve inches thick is a minimum you should build. Your rebar wall mats want to be as close to three inches from both faces of the wall as possible. The inside mat may be a bit more depending on the amount of bow in the stone wall. I used Symonns concrete form panels from my rental store for ease of forming the new wall but you can also build the forms out of wood. The advantage of concrete form panels is they come in all sizes of heights and widths, have clips for easy fastening, have pre-made anchors and so on. You must remember that this is a one sided form. The toughest type by far to build. You must brace it to death and then add some more braces to keep it from moving under the weight of wet concrete. Installation of what is called a whaler brace will keep the forms from bowing out but add kickers galore. On concrete pour day you will need some extra help. Pouring through a basement window is no joke as the guys inside cannot see the guy outside in the ready mix truck.

One man has to stay outside and yell orders through the window. Faster, slower, more, too wet and so on. Inside one man has to do nothing but watch the forms. If something moves he has to immediately stop the pour. Being buried under wet concrete and smashed form panels is no joke. Another person has to vibrate the forms with a mechanical vibrator to assure there are no voids in the concrete. Yet another person can tap the forms with a hammer to assure there is concrete in all the spaces and watch down through the top of the form to assure they are filling up as level as possible. This eliminates putting too much pressure in one spot of the forms at once. Excess pressure can cause the forms to fail. Wet concrete exerts what is called hydraulic pressure sideways against the form work and can amount to tons of pressure. I have seen forms fail that were blown a hundred feet away from the work site. Depending upon how thick your new wall is a two day wait for form removal is more than enough. Twenty four hours is better still. Any spilled concrete will get super hard and make form removals that much harder if you let the concrete sit too long. Again strip all remnants of wood from the work. Back fill the footing and level the floor area to prep it for the new basement floor.

Pete

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