So I’m listening to C-SPAN and reading up on the Public Duty Doctrine as a part of the health care reform concept. If you are not familiar with the Public Duty Doctrine here it is in a nut shell: people/groups/agencies/governments that the doctrine applies cannot be held liable for the injuries of an individual resulting from a public officer’s or employee’s breach of a duty owed to the public as a whole as distinguished from a duty owed to the particular individual. In short – you can’t sue them for any reason what-so-ever. Our governments are prime examples of who/what this applies to.
My first thought is “wow, lawyers have made themselves the powers-that-be and this shows me that the same lawyers don’t want to be sued or be forced to sue each other for the crap they pull.” So what’s the difference between the Public Duty Doctrine and Good Samaritan type laws? Well, here again you see the true colors of politicians come out: Good Samaritan laws take each issues case by case and the Public Duty Doctrine is a blanket “you can’t touch us” law. So “We The People” are judged case by case and “our leaders” get free passes. Seems hypocritical to me.