State bill would reverse Good Samaritan ruling
By ASSOCIATED PRESS
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.”
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Native74 wrote on Jan 6, 2009 4:36 PM:
kevin wrote on Jan 6, 2009 5:53 PM:
They were quite specific that people had NO responsibility to help... "
sickothis wrote on Jan 6, 2009 6:01 PM:
LateNightLarry wrote on Jan 6, 2009 8:34 PM:
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:
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:
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! "