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Woman dies after male gym employee refuses to enter ladies locker room

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Dunlop

Member
This isn't true. I'm just a first year law student but one is only expected to assist someone to whom they owe a duty to (because not acting is considering negligent). The expectations vary and are not constant.

I was missing "should" in my statement

It should be expected to help another in distress.

Being Canadian, I only read the horror stories of your american litigious society and wonder how you guys leave your house ever....Obviously joking, but I wonder how much that plays into these stories

I'm actually in Quebec where I believe our Good Samaritan laws make it our duty to act as long as it does not put us in danger as well.

Regardless I would do everything in my power because living with the thought that a person might have died because of me for the rest of my life far outweighs any job or stupid company policy.
 

this_guy

Member
I fail to see how him confirming the situation with his own eyes would have helped at all. This "confirmation" likely would have cost at least 2 minutes, at which point he would not be able to assist anymore than the women that witnessed the victim fall.

If a stranger comes up to you and tell you to call 911 because someone fell, are you going to dial 911 right away without thought?

I would at least ask why. I'm not into dialing 911 on a whim.
 
If a stranger comes up to you and tell you to call 911 because someone fell, are you going to dial 911 right away without thought?

I would at least ask why. I'm not into dialing 911 on a whim.

What do you have to lose by calling emergency services at a gym?
 

this_guy

Member
why not? I would have the person explain as I am dially 911 or even pass them the phone

Isn't it illegal to call 911 if it's not an emergency? If someone tells me to call 911 I'm going to find out why. I'm also wondering why didn't that person call 911.

If I see a house on fire, sure I'm calling 911. If a stranger comes up to me and tells me to call 911, and I don't hear screams, gun shots, or sirens, I'm going to find out why first. If you're telling me you won't do the same, and will dial 911 right away, well hey there's someone in your building who passed out RIGHT NOW so go call 911.

Did you do it?
 
If a stranger comes up to you and tell you to call 911 because someone fell, are you going to dial 911 right away without thought?

I would at least ask why. I'm not into dialing 911 on a whim.


She didn't just say "someone fell":

“I heard [a] flush, then a thud,” the member, Stephanie Dick, recalled in a sworn affidavit about the February 2012 incident. “I saw a woman’s arm drop to the floor, followed immediately by a loud snoring sound.”

Dick said she dashed to the front desk and pleaded with gym employee Sean Higgins to help.


Going to help (and find out how bad it is) or immediately calling 911 would both be reasonable things to do. If you felt the info was not enough to call, you have to go see, not sit tight.

Doing nothing for 4.5 minutes is not an option.
 
Isn't it illegal to call 911 if it's not an emergency? If someone tells me to call 911 I'm going to find out why. I'm also wondering why didn't that person call 911.

If I see a house on fire, sure I'm calling 911. If a stranger comes up to me and tells me to call 911, and I don't hear screams, gun shots, or sirens, I'm going to find out why first. If you're telling me you won't do the same, and will dial 911 right away, well hey there's someone in your building who passed out RIGHT NOW so go call 911.

Did you do it?

Someone passed out in a stall is an emergency situation. I really hope someone like yourself doesn't have to deal with such a problem. It's not a stranger by the way. Every minute counts and you'd be busy playing detective.
 
Isn't it illegal to call 911 if it's not an emergency? If someone tells me to call 911 I'm going to find out why. I'm also wondering why didn't that person call 911.

If I see a house on fire, sure I'm calling 911. If a stranger comes up to me and tells me to call 911, and I don't hear screams, gun shots, or sirens, I'm going to find out why first. If you're telling me you won't do the same, and will dial 911 right away, well hey there's someone in your building who passed out RIGHT NOW so go call 911.

Did you do it?
lol I'm pretty sure you would be let off the hook in this instance.
 

this_guy

Member
Someone passed out in a stall is an emergency situation. I really hope someone like yourself doesn't have to deal with such a problem. It's not a stranger by the way. Every minute counts and you'd be busy playing detective.

The cashier did not see that. It's unreasonable for the posters who think he should be charged for murder or spend time in jail for something he did not see. You know who did see it? The woman who told him. Why aren't you up in arms about the woman who also did not call 911?
 

Kinitari

Black Canada Mafia
Poorly written and ambiguous article (can't even tell when the female employee showed up), here is a better one:

http://www.nypost.com/p/news/local/left_to_die_in_the_ladies_room_sqPmXV8R5nElvtf08DYrJI




The female employee didn't get there until 8 minutes after the front desk was alerted, and the 911 call had already started so she was not the one that told him to call. The call itself was 4.5 minutes after being alerted, not after the collapse.

Edit: still a little confusing about the gym member and the cell phone. The article says she eventually talked to 911, but was it her cellphone? Did she have it the whole time? From everything else she did, it seems weird for her not to call.

Actually, it seems like the second gym member was the first person to bring up 911. How the first two apparently didn't think of it is crazy.

It was a huge screw up by the guy not to call immediately.

More information here, sounds like he called 911 when someone brought it up, i think? Still, it reads like he was very nonchalant about it all
 

this_guy

Member
lol I'm pretty sure you would be let off the hook in this instance.

Sure, because an emergency did happen. There's posters on here saying they would dial 911 without thought if someone comes up to them and tells them to dial 911. I'm being honest and saying in the real world, I need to find out why I'm dialing 911.
 
The cashier did not see that. It's unreasonable for the posters who think he should be charged for murder or spend time in jail for something he did not see. You know who did see it? The woman who told him. Why aren't you up in arms about the woman who also did not call 911?

I don't think he should be charged with murder. Maybe you should direct these questions at other posters. My issue is you seem to be critical of someone who pays to be at a gym in the early hours of the morning. I'm pretty sure they're not out to prank him or tell him to call 911 on a whim. Someone passed out in a stall.
 
Sure, because an emergency did happen. There's posters on here saying they would dial 911 without thought if someone comes up to them and tells them to dial 911. I'm being honest and saying in the real world, I need to find out why I'm dialing 911.
Sure, and I'm saying, in the real world, nobody is going to prosecute you for calling 911 thinking there is an emergency happening.
 

this_guy

Member
I don't think he should be charged with murder. Maybe you should direct these questions at other posters. My issue is you seem to be critical of someone who pays to be at a gym in the early hours of the morning. I'm pretty sure they're not out to prank him or tell him to call 911 on a whim. Someone passed out in a stall.

Why are you critical of me and not the woman who also didn't call 911? I'm saying the cashier AND that woman are equally to blame.
 
Why are you critical of me and not the woman who also didn't call 911? I'm saying the cashier AND that woman are equally to blame.


First of all, we don't know if she had a phone the whole time.

More importantly, she was trying to help. The first thing she did was run for help. When he refused, she went back to the stall.

If the guy had run to help instead of calling first, it might have turned out to be a bad decision, since it likely would have turned out there was nothing he could do (not that he knew that). But it would be defensible. Doing nothing was absolutely not defensible.
 

Kinitari

Black Canada Mafia
Why are you critical of me and not the woman who also didn't call 911? I'm saying the cashier AND that woman are equally to blame.

I don't know about that, the woman at least was frantically trying to do something, running back and forth. It seems the guy at the front didn't consider doing anything to help or get more info until someone told him to call 911. Maybe he was just in shock or whatever, but the woman seemed to at least be attempting something to help. I still wouldn't put much blame on either of them though. My assumption is that ignorance had more of a hand here than malice or apathy
 
Someone passed out in a stall is an emergency situation.
That's why it's important to know how the first woman described the incident to the employee. Information that the most informative news article neglects to give. In a sworn affidavit, she describes it as someone snoring on the floor, which doesn't quite sound like a medical emergency to me. Even then, if you go up to a front desk employee to ask for medical help, and they are either unwilling or unable to give it, why the hell wouldn't you ask to borrow their phone to call 911? (Since we appear to be operating under the assumption that the woman reporting the incident didn't have a cell phone herself.)

I'm sorry but blaming the guy here - and calling for murder charges to be filed - sounds like it's based more on the sensationalist headlines than the facts of the case. He called 911, yes 4.5 minutes after he was first informed, but probably more egregious was that the gym was breaking the law by not having a defibrillator and a person trained to use it on site. That might have saved her, this guy who doesn't appear to know CPR going in to the locker room almost certainly wouldn't have.
 
That's why it's important to know how the first woman described the incident to the employee. Information the most informative news article neglects to give. In a sworn affidavit, she describes it as someone snoring on the floor, which doesn't quite sound like a medical emergency to me. Even then, if you go up to a front desk employee to ask for medical help, and they are either unwilling or unable to give it, why the hell wouldn't you ask to borrow their phone to call 911? (Since we appear to be operating under the assumption that the woman reporting the incident didn't have a cell phone herself.)

I'm sorry but blaming the guy here - and calling for murder charges to be filed - sounds like it's based more on the sensationalist headlines than the facts of the case. He called 911, yes 4.5 minutes after he was first informed, but probably more egregious was that the gym was breaking the law by not having a defibrillator and a person trained to use it on site. That might have saved her, this guy who doesn't appear to know CPR going in to the locker room almost certainly wouldn't have.

Oh I definitely agree, I think the gym itself is the biggest failure here.
 

this_guy

Member
That's why it's important to know how the first woman described the incident to the employee. Information that the most informative news article neglects to give. In a sworn affidavit, she describes it as someone snoring on the floor, which doesn't quite sound like a medical emergency to me. Even then, if you go up to a front desk employee to ask for medical help, and they are either unwilling or unable to give it, why the hell wouldn't you ask to borrow their phone to call 911? (Since we appear to be operating under the assumption that the woman reporting the incident didn't have a cell phone herself.)

I'm sorry but blaming the guy here - and calling for murder charges to be filed - sounds like it's based more on the sensationalist headlines than the facts of the case. He called 911, yes 4.5 minutes after he was first informed, but probably more egregious was that the gym was breaking the law by not having a defibrillator and a person trained to use it on site. That might have saved her, this guy who doesn't appear to know CPR going in to the locker room almost certainly wouldn't have.

This is a post I can agree with.
 

OnPoint

Member
Where did I say that? It's not anyone's fault, but didn't you also want charge the cashier for murder?

Stop trying to put more blame on the cashier than he deserves. Also, if someone comes up to me and tells to call 911, I won't call right away until I see what's going on. I won't call 911 just because, and I think most people here won't call 911 unless they see for themselves what's going on.

My first post was regrettable: both hyperbolic and childish. So there's that.

Let's put ourselves in his shoes. If someone tells me someone in the women's locker room is having an emergency that requires 911, and company policy dictates that I can't go in, and I'm dead set on not violating that policy, then I can't see for myself. In that instance, that very specific situation, why wouldn't I call 911? Why wait 5 minutes and then do it? You'd just let someone potentially die instead of trying to help because you can't see it?
 

this_guy

Member
My first post was regrettable: both hyperbolic and childish. So there's that.

Let's put ourselves in his shoes. If someone tells me someone in the women's locker room is having an emergency that requires 911, and company policy dictates that I can't go in, and I'm dead set on not violating that policy, then I can't see for myself. In that instance, that very specific situation, why wouldn't I call 911? Why wait 5 minutes and then do it? You'd just let someone potentially die instead of trying to help because you can't see it?

I've already stated I'd try to get more info before jumping to the phone and dialing asap. I'm not going to take 5 minutes like said employee, but that doesn't mean you should lock him up because he didn't act fast enough. Why don't you put as much blame on the woman who didn't call 911?
 

kiunchbb

www.dictionary.com
I don't blame the guy for not going into the restroom, I wouldn't want to risk losing my job either. It is stupid of him not to call 911 immediately, if it is wrong, the responsibility will fall to the lady reporting it, not him.
 
Also the gym firing that guy would lead to a PR nightmare for them. I'd do it and say "let them fire me" and go to the media. I'm pretty sure places that don't want people to expire on their premises would be eager to hire me. Fuck continuing to work at a place where I feel like saving someone's life could still get me fired.

but what if the person you save sues for injury?
 

Igo

Member
Poorly written and ambiguous article (can't even tell when the female employee showed up), here is a better one:

http://www.nypost.com/p/news/local/left_to_die_in_the_ladies_room_sqPmXV8R5nElvtf08DYrJI
The female employee didn't get there until 8 minutes after the front desk was alerted, and the 911 call had already started so she was not the one that told him to call. The call itself was 4.5 minutes after being alerted, not after the collapse.

Edit: still a little confusing about the gym member and the cell phone. The article says she eventually talked to 911, but was it her cellphone? Did she have it the whole time? From everything else she did, it seems weird for her not to call.

Actually, it seems like the second gym member was the first person to bring up 911. How the first two apparently didn't think of it is crazy.

It was a huge screw up by the guy not to call immediately.
According to that article it took the dude about 30 seconds to call 911 once requested. Don't know why this dude didn't call initially but it doesn't seem like he ever refused to call.
 

OnPoint

Member
I've already stated I'd try to get more info before jumping to the phone and dialing asap. I'm not going to take 5 minutes like said employee, but that doesn't mean you should lock him up because he didn't act fast enough. Why don't you put as much blame on the woman who didn't call 911?

Already said I regret saying I'd lock him up. I wouldn't. As for the woman, she wasn't the person in question at the time I wrote my posts, but you're right, she's just as wrong. And you saying you'd do it differently only proves my point: He was wrong.
 
In this type of society and the stories that happen all of the time, the guy should have been reluctant to go into the women's locker room, but he should have called 911 right away.

This worker probably was told to never leave the desk, even to go to the bathroom, unless he has someone to take his place. Though it doesn't excuse the wait to call 911.

If I were in his place- knowing that there are cameras on the desk, if someone alerted me that someone was hurt, first, I would call 911 right away no matter what, knowing that it wouldn't be my fault if it was a false emergency. While on the phone with 911, I would ask the witness questions- are they unconscious? are they on the floor? do you know if they are breathing? are they bleeding? what did you see happen? etc.

Once off of the phone, I would see what else I could do to help. If someone collapses in the gym itself or the men's locker room, I would rush there with some male gym goers as witnesses. And then do CPR, only if I was trained and policy was to do it as needed. But since this happened in the women's locker room, before I would go in there, I would ask the witness if the victim is fully clothed, and is there no other women in the locker room and showers besides the victim. If the answer to either or both of these is a no, I'm staying put until ambulance arrives. If the answers are yes, I would go in there with the original witness and another female as a witness. I would do CPR, only if I was trained and policy allowed me to do as needed in an emergency.

The most important thing to do in this situation is to immediately call 911. If he did that right away and nothing else, he pretty much would be in the clear in most people's eyes, and any suing by the victim's family would not work. Though it definitely would look selfish. But do you blame him in this kind of litigious society? Though you could save the victim's life, they could sue you and the company you work for. You have the possibility of breaking the victim's ribs if you perform CPR. What if you don't have CPR certification and you still do it and something goes wrong and you kill them/make it worse? What if a prank by a hateful gym goer cries about an emergency so they could take something from the desk? Or a prank where they want to get you in trouble when you walk in on a naked female in the locker room? Too much possibilities that end in you and/or the company likely getting sued, you going to jail, and most definitely losing your job and a mark for all future employment. When this happens, for most U.S. company policies of any job in any field is to alert the authorities immediately and if you don't know how or are not trained to help, stay put, and help the emergency workers if need be when they arrive. Companies make these policies because people are too sue-happy, and companies get sued all the time when their workers try to 'help' others.

My questions are:
If the guy had called 911 right away instead of waiting, but still not entered the womens' locker room, would he still be sued? Would he be fired from his job? Would anyone care?

More information I need from the story facts before we cast blame:

-is worker trained to do CPR/medical services?

-what is the company policy for a situation like this before we cast blame on the worker- can he leave the desk under special circumstances? is he allowed to do CPR under company policy if trained? is he allowed to go in women's locker room if there is an emergency? If it isn't policy, corporate will push blame on worker, and he can get sued also, not only the company. If the gym didn't have that defibrillator as they were supposed to, then the owner of that specific franchised gym is in trouble, not necessarily the whole Planet Fitness itself since it probably is company policy. A defibrillator would have probably saved the victim.

-did female witness have her cell phone with her when she went to call worker for help? if yes, she should have as much moral blame as the worker if she didn't call 911 first after seeing the worker dragging his feet, especially since she saw the problem first hand and can tell 911 what is happening.
 
I dunno what to think. I mean we can't have men rushing into areas where there could be naked females running about just because they heard something. Tough situation, the mind doesnt think right in emergency situations either.
 

FStop7

Banned
Is the stigma to not enter a women's restroom if you're a man strong enough to ignore a cry for help?

There isn't a stigma that applies to entering a women's restroom when there is a medical emergency and people are begging for your assistance.
 

Camp Lo

Banned
There isn't a stigma that applies to entering a women's restroom when there is a medical emergency and people are begging for your assistance.

Of course there is. It's one of the reasons why the guy didn't go into the bathroom to check what was going on, emergency or not. Men aren't supposed to go into the women's bathroom, it's been ingrained in American males since grade school.
 

params7

Banned
Tbh, I wouldn't either, at least not in USA. I've read too many fucked up stories online. People try to act like a hero, then end up getting the shit end of the stick.

What are the chances the guy could have ended up being sued by some extremist women's rights group for harassment or sexual misconduct? He might have just played it safe by standing ground.
 

params7

Banned
Ha, maybe don't get your perspectives on what "extremist women's rights groups" get up to from MRA forums and you'll not have to worry about this.

I don't have to visit MRA forums, just stories that make it to GAF. Doesn't take much to notice the potential to end up on sex offender's list or/and losing his job is pretty real. He just played it safe.

Reading the story again he really should have called 911 earlier though, or asked someone to drag her body out so he could administer CPR.
 

jvm

Gamasutra.
Has anyone mentioned Damon Knight's short story "Not With a Bang"?

Wikipedia summary:
The story is an ironic, Adam-and-Eve tale. Humanity has been wiped out by a nuclear war, except for one man and woman, who meet in a restaurant in Salt Lake City. The man suffers from a disease that causes recurrent episodes of total paralysis. While in the bathroom, he has an attack, and dies with the realization that the woman is too prudish to enter and save him.

From 1949, for whatever that's worth. Sorry if it was done already.
 
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