Legal Question in Civil Litigation in Michigan

''hemlich Manuver''

My question is about the use of the heimlich manuver. If one is choking on something in a public resturant and a stranger applies the heimlich manuver, safes the person, but breaks a rib in the process. Could this person be sued for negligence? If so what would have to be done to file a successful claim..


Asked on 12/08/05, 9:35 pm

2 Answers from Attorneys
Don Darnell Darnell & Lulgjuraj, P.C.

Re: ''hemlich Manuver''

Nope. A rescuer has immunity, to a large degree, for this kind of action. To hold such persons liable would have a "chilling" effect on people who might be lifesavers. Courts actually find cases like this replusive.

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Answered on 12/09/05, 10:12 am
William Stern William Stern, P.C.

Re: ''hemlich Manuver''

No lawyer would take that case. Furthermore, anyone who would fear a lawsuit under such circumstances is totally paranoid without any rational basis. William S. Stern

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Answered on 12/08/05, 10:38 pm


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