If you’re in a situation where someone needs CPR, you may wonder if you should perform CPR or if you should wait for the ambulance. Some people worry that if they hurt someone in the process of giving CPR that they may be held liable for the injury. Others worry that because CPR requires touching the other person, they may be accused of assault. As such, they may assume that it would be better to wait for the ambulance to arrive.

However, if you are certified and know how to administer CPR, then yes, you should indeed perform CPR – after calling 911, of course. Here is what you need to know about the factors involved with if you should perform CPR while you wait for the ambulance.

What Does CPR Do?

When someone goes into cardiac arrest, this means that their heart is not pumping blood throughout their body. Blood delivers oxygen to your organs and tissues. Without blood circulation, the lack of oxygen can cause severe problems, like irreversible brain damage.

CPR helps to move blood around the body. Chest compressions get oxygen to the brain and other organs. Even if the person does not survive, if they are a donor, CPR helps to keep their organs viable. 

How Do You Know If Someone Needs CPR?

Cardiac arrest is different from a heart attack. If someone is conscious and breathing, they do not need CPR. However, if someone is unresponsive and not breathing, then you can perform CPR.

You should only perform CPR if you know how to, if the other person needs it, and if doing so wouldn’t put you in danger.

Do You Need To Be A Healthcare Professional To Perform CPR?

No, you don’t. You can get a CPR certification through the American Heart Association or Red Cross. CPR certifications are necessary for many different careers. Obviously, healthcare professionals and emergency responders need this. But other people who may need a CPR certification include: fitness trainers and instructors, flight attendants, lifeguards, and more. 

However, anyone can be trained in CPR. This certification is not limited to those with careers that may require it.

Can You Do CPR If You Are Not Certified?

CPR certification helps with proficiency, family health, and employment. However, a certification doesn’t provide you with additional protection from liability. If you have been trained in CPR, regardless of whether or not you have certification, you should act. If you know how to do CPR and you do not act, the victim may die before the ambulance gets there. If you do CPR, even if it isn’t perfect, the victim has a better chance of survival. 

What Do You Do If Someone Needs CPR?

If someone needs CPR and you know how to perform it, then you should do so. Properly performed CPR can be the difference between life and death. Call 911 first or have another person in the area call 911, to ensure that an ambulance is on the way. The operator may keep you on the line and provide you with assistance as needed.

It’s important not to overthink the possibility of being sued. If you know how to perform CPR and people need it, then you should do so. Mistakes happen. Sexual assault requires intent. Performing chest compressions on a woman if she needs CPR is not assault. 

When the ambulance arrives, you shouldn’t stop. It can take emergency personnel a second to get situated. You should keep going until someone taps you out to take over for you.

Are There Legal Complications If You Perform CPR?

In such a litigious society as the US is, people may be reluctant to help others out, because they fear that if they make any sort of misstep, that they may be held liable. Good Samaritan laws exist in order to protect both the general public and off-duty personnel from liability during rescues and rescue attempts. 

Good Samaritan laws protect you if you are acting without any expectation of reward. If you were being paid to rescue a person, then you would be expected to do everything correctly, and thus, could be held liable for any missteps. Good Samaritan laws vary from state to state. 

In general, Good Samaritan laws require three things from you before you provide emergency care.

1. Obtain consent. If the person is unconscious or unresponsive, assume they want your help.
2. Only do what you’re trained to do. If you know how to do CPR, then you may perform it, but don’t attempt anything you don’t know how to do, like trying to set someone’s dislocated shoulder.
3. Provide care voluntarily. Only offer to help if you do not expect any compensation.

The best way to protect yourself from liability is to always act on behalf of the victim. Good Samaritan laws may protect you from reasonable mistakes, but if your intention is to be a hero and you’re putting yourself in danger, attempting something you have no idea how to do, or expecting gifts or another form of compensation, then you may not be protected. 

If your intention is just to help another person out, you’re using common sense, don’t do anything you aren’t trained to do, you get professional help for the victim, and you don’t accept any gifts or rewards, these can help you stay out of court.

Do You Need A Personal Injury Attorney?

As is the case with all of our blogs, remember that this blog is not intended as legal advice, but just to provide you with general information that may or may not be applicable to your case. LeBaron & Jensen is here to help those who were injured because of another’s negligence obtain justice and the compensation they deserve. To learn more about our services or whether or not you have a case on your hands, please don’t hesitate to contact us today.

Unless you’re into ice skating, be it speed skating, figure skating, or hockey, most people don’t go ice skating outside of the winter months. When it’s cold and snowy out, it’s the perfect time to visit your local rink and test out your skills on the ice. However, like any other sport, ice skating can be dangerous, and even if you’re careful, you may suffer an ice skating accident.

If you’re injured while ice skating, you may wonder who is liable and what the duty of care is. Liability and negligence can be challenging to navigate, so it’s important to consult with a personal injury attorney if you think you have a case on your hands. That said, here are some factors that go into ice skating accidents and whether or not they may turn into personal injury cases.

Remember: Accidents Happen

It’s important to remember that sometimes, accidents just happen and no one is liable. This is especially true with activities that are inherently dangerous, such as ice skating. Ice is slippery and skating can be tricky to get the hang of. You know when you go onto the ice that you must be careful. Newbie skaters often laugh about falling, ramming into the boards or other people, and clinging onto the wall for dear life. 

This is referred to as the “assumption of risk”. This is a legal doctrine under which people who choose to participate in certain activities also choose to accept the dangers that are a normal offshoot of that activity. 

However, if you’ve been injured because of something beyond typical behavior at the ice rink, then you may be entitled to compensation. 

What If The Ice Skating Accident Could Have Been Prevented?

While accidents do happen, sometimes, they occur as a result of negligence. In this case, they could have been prevented, and you may have a personal injury case on your hands. In order to obtain compensation, you must prove that negligence led to your injury. 

Negligence That Can Lead To Ice Skating Accidents

There are a variety of ways in which ice rinks may be negligent and cause ice skating accidents. Some of which are as follows.

#1. Not Maintaining Skates

Rental skates have a reputation for being awful, especially when compared to skates that you purchase for yourself. They’re known for being cheap, dull, and worn. The reason why rentals are so dull is for safety, so that people and children don’t cut themselves on their blades. Students learning how to skate are told that if they’re serious about progressing, they’ll need to invest in their own pair of skates, rather than using rentals. 

Rentals are meant just for those giving skating a try, as they function just fine for basic skating for those trying it just for the day or for beginners who are trying to figure out whether or not this is a sport they want to commit to. But as soon as you start wanting to learn tricks and the like, rentals don’t cut it.

However, if your skates broke while you were skating, this can indicate that they weren’t maintained well enough, and you may have an example of negligence on your hands. 

#2. The Rink Was Over Capacity

If the rink can only have 200 skaters and there were more skaters than that on the ice when you experienced your accident, the rink was negligent.

#3. There Weren’t Enough Supervisors On Duty

Supervisors help ensure that everyone is safe on the ice. Some public rinks have rules forbidding figure skating and speed skating and the like during public skating sessions in order to create a safer environment. If there weren’t enough supervisors on duty when you were injured, the rink may have been negligent.

#4. A Hazard Existed On The Ice For Longer Than Reasonable

It wouldn’t be reasonable to expect hazards to immediately vanish the instant that they appear. However, if the ice rink does not address hazards and obstructions in a timely manner, this is an example of negligence. 

These are but a few of the ways in which an ice rink could potentially be held liable for an injury.

Do You Need A Personal Injury Attorney?

In order to have a personal injury case, you must have evidence proving that the ice rink was negligent and that said negligence led to your ice skating accident and injury. LeBaron & Jensen provides personal injury representation for those who have been injured due to someone else’s negligence. Contact us today to schedule a case consultation.

Whether you love New Year’s and the idea of a fresh start or you’re indifferent to it, there’s no denying that there are plenty of personal injury risks around the holiday. The last thing that you want is the ring in the New Year injured because of someone else’s negligence – and yet, this is an unfortunate reality for many.

Here is what you need to know about personal injury risks people face on New Year’s and what you can do if you’ve been injured as a result.

Personal Injury Risks People Face On New Year’s

While some people prefer to not acknowledge the advent of a fresh year at all while others would rather sleep through the midnight countdown or just quietly celebrate at home, many people love to ring in the New Year with a bang. And unfortunately, this can lead to accidents and injuries – not the foot you want to start the new year off on.

Drunk Drivers

The majority of auto accident deaths on NYE are caused by drunk drivers and exceed those of any other day of the year. In addition to this, people tend to drive drunker on New Year’s Eve than they do other times of the year.

There is no excuse to get behind the wheel if you have been drinking, even if you do not feel drunk. 

Pedestrian Accidents

New Year’s is one of the worst holidays for pedestrian accidents. According to the National Highway Traffic Safety Administration, more pedestrians died in traffic crashes on New Year’s than any other day. You are more likely to be killed while walking on New Year’s than any normal day, and your risk increases if you are intoxicated. 

Of course, there are other personal injury risks too, such as burns from fireworks, alcohol poisoning from drinking too much, slips and falls, and more.

Bringing Safety Into The New Year

While you cannot control what other people do, there are some things that you can do to help keep both yourself and others safe this New Year’s Eve. Some of these tips are for general safety, as well as to help prevent accidents.

• Do not drive under the influence. Have a designated driver, take a cab, use a rideshare, have someone who is sober come and pick you up, but whatever you do, do not drive if you have been drinking.
• Look out for others. If someone seems like they’ve had too much to drink, don’t let them drive themselves. Ensure that they can get a ride home safely by having someone sober drive them, whether that be one of their friends or a car service.
• Don’t walk home. If you’re drunk, you may end up swaying into the street. Plus, you don’t know what other people are doing or if they’re being responsible behind the wheel. If you have to walk outside, wear reflective clothing, make eye contact with drivers before crossing the street, and keep your distance from the road. It would be safer to have someone drive you home.
• Don’t drink too much. Even if you have a designated driver and a plan to get home safe, you mustn’t drink too much. Alcohol poisoning can occur. While it may be tempting to binge drink, especially if it seems like everyone else is, it is safer for your overall health to stick to one or two drinks. You don’t want to end up in the emergency room for drinking too much.
• Leave fireworks to the professionals. If fireworks are legal whether you live, stick to a professional show – it will be prettier and more enjoyable than running the risk of burns and fires that can result from setting off fireworks yourself.
• Watch where you pop that champagne. Eye injuries due to flying champagne corks are more common than you would think, especially on NYE. If you want to pop your champagne, make sure you do it in a space where the cork won’t fly into someone’s eye.

Dedicated Representation For Your Case

LeBaron & Jensen provides personal injury representation for all sorts of cases from tort to auto accident to pedestrian accidents and more. If you’ve been injured because of someone else’s negligence, we are here to help you receive the compensation you deserve. We charge no fee until we win your case, so you don’t need to worry about whether or not you can afford a consultation or our services.

Contact us today to learn more about our personal injury services and what we can do to help you.