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State bill would reverse Good Samaritan ruling
Tuesday, January 06, 2009
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2:30 p.m.SACRAMENTO — A state senator drew on his own law enforcement experience in proposing legislation Tuesday responding to a California Supreme Court ruling that leaves some Good Samaritans vulnerable to lawsuits.

The court ruled last month that state law protects people from liability only if they are administering emergency medical care. The justices said a woman who left her friend a paraplegic by pulling her from a wrecked car in 2004 can be sued for negligence.
The bill by Republican state Sen. John Benoit of Riverside would amend the law. His bill would shield Good Samaritans from liability for providing any form of emergency care, not just medical care.

“It’s going to cost lives,” Benoit said of the high court’s decision.
He said the court’s ruling sends the wrong message to people who want to help others who are injured or in danger.

Benoit recalled coming upon people helping accident victims numerous times during his 31 years in the California Highway Patrol and as a police officer in Corona.
“It’s one of the places where you see human kindness come out. A lot of people will drive on by, but a few would stop,” Benoit said. “It happens a lot, and I’d hate to see anything that would dissuade people from doing that.”
6 comment(s)

Native74 wrote on Jan 6, 2009 4:36 PM:

" Finally a bill that really makes sense. However, I'm still stunned by the court rulling. What were they thinking? So in the case of all the recent hit and runs or accidents in rural areas we are to let the victim just lie there helpless and possibly die? Beyond the case of "cars blowing up,' the only way to provide emergency CPR is AFTER you position the person in a manner to do so. Good gravy...what a mess our State is in. "

kevin wrote on Jan 6, 2009 5:53 PM:

" I think it is a perfect example of our dysfunctional judical system.

They were quite specific that people had NO responsibility to help... "

sickothis wrote on Jan 6, 2009 6:01 PM:

" Actually I think it's illegal to NOT help someone, too. Most seriously jacked up. "

LateNightLarry wrote on Jan 6, 2009 8:34 PM:

" It's not illegal to NOT help someone. A few years ago, my son was sued because he offered to drive home someone who had been drinking. The person turned down the offer, later tried to drive herself home and veered across the center line, killing herself and her passenger. The driver of the car she hit sued my son because he didn't FORCE her to accept his offer, when forcing her would have been tatamount to kidnapping. There was no way he could win, and as a result he will never even offer someone who has been drinking a ride unless he brought them.

The only parties even remotely involved the other driver DIDN'T sue was the bar where the girl had been drinking all night. And for the record, my son had not been drinking because he was on call by his employer. "

Mr. Feasor wrote on Jan 6, 2009 8:53 PM:

" Despite how I disagree with the results, the Court's holding was a sound judicial finding. It was well thought-out and applied the rules of statutory construction which must be followed.

The Legislature makes the laws, and the Judiciary must interpret those laws. While it came down to one word ("medical" v. "emergency"), the placement of the statute within Division 2 of the Health & Safety Code (entitled "Emergency MEDICAL Services) makes it pretty clear that the statute relates to medical services only.

And I hope the bill passes so that people are not afraid to aid others during emergencies.

sickothis - nope. You have no duty to come to the aid of a random person who is in an emergency situation. But if you do, then you cannot act negligently in rendering assistance - or you can be sued. But if you do nothing, you are free and clear. How's that for being jacked up? "

vocal-de-local wrote on Jan 6, 2009 10:28 PM:

" People should know: If they arrive at the scene of an accident and the person is still breathing and their vehicle is NOT on fire, do not move them, even an inch.

One of the more common causes of fatalities in vehicle accidents is a broken neck. A broken spinal C2 can cause instant respiratory failure if fragments of bone touch the spinal cord. People in accidents can have a broken spine without paralysis if it doesn't touch the spinal cord. A very small move of the neck can turn from a treatable condition to paralysis or death in an instant.

Also remember that if you are in a serious accident and still conscious, be careful about how much moving around you do and discourage people from moving you unless they see fire.

People instinctively want to remove victims from a vehicle when arriving at the scene of an accident. We've all seen what happens in movies when cars explode. But not every vehicle catches on fire. People need to be educated about not moving accident victims unless the car is on fire. I doubt someone would sue if they knew their loved one was going to burn to death though. But with our lawsuit happy society, who knows! Personally, I would rather die of instant respiratory failure than from burning to death! "

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