No good deed goes unpunished - Good Samaritan may be sued

[Doc_Bob]

From the Associated Press (December 18, 2008). The California Supreme Court ruled that the Good Samaritan act covers medical treatment only. A person is not required to come to another person's aid. For non-medical assistance, like rescuing someone, the rescuer needs to proceed with due care and faces the possible risk of being sued.

Journal & Courier Search




How would this ruling influence how/whether you respond at an accident scene?

Bob

 

[Wayne County Hose]

Won't change a thing here. Jump in and help, sort out the details later. My wife is an EMT and we saw this on the news and talked about it. If we get sued for trying to help someone and we did the best we knew how, there is nothing left to do than to pray for the misguided soul.

 

[weldingisfun]

Then we have to consider, had the friend not pulled the victim from the car, if the car had then caught fire and the victim died. Would the California Supreme Court have ruled that the friend was responsible of "wanton disregard" for failing to render assistance to the victim in the car?

One day maybe our court system will begin to apply the rule of "common sense". Do you think?

 

[IXLR8]

A- Then we have to consider, had the friend not pulled the victim from the car, if the car had then caught fire and the victim died. Would the California Supreme Court have ruled that the friend was responsible of "wanton disregard" for failing to render assistance to the victim in the car?

B- One day maybe our court system will begin to apply the rule of "common sense". Do you think?

A- I fully expect to see the day when somebody is sued for not helping.
B- Since that would take some "Common Sense" I suspect it will never happen.
C- My first reaction to seeing this was.. If suit is won then it will cause me to think twice before offering aid. I have no interest in loosing everything I worked hard all my life for to lose it to some low life. But then I would probably do the right thing and help anyway.

 

[MarkV]

From the Associated Press (December 18, 2008). The California Supreme Court ruled that the Good Samaritan act covers medical treatment only. A person is not required to come to another person's aid. For non-medical assistance, like rescuing someone, the rescuer needs to proceed with due care and faces the possible risk of being sued.

Journal & Courier Search




How would this ruling influence how/whether you respond at an accident scene?

Bob

How about you Doc. I have heard that medical doctors often drive by an accident because they are not covered under the good samaritan act as professionals. Any truth to that? Sure is a shame that the courts are not going to support you, even if you put yourself at risk, for helping someone in need.

MarkV

 

[EddieWalker]

I've helped out people a few times, but nothing that would be all that serious. I don't know how I'd live with myself it I didn't try.

My guess is that the person who you try to help isn't the one who does the suing, it's somebody in the family that thinks they can make a buck from it.

Eddie

 

[ray66v]

Thanks to Hollywood, many think if a vehicle is wrecked, it is likely to explode. The fact is, it's very rare. Even simple fires, after a wreck, are very uncommon. This phobia creates the urgency that sometimes leads to people being injured.
She should sue Hollywood.

 

[Scooby074]

Unbelievable. The kind of person that would sue another, who risked their life and limb to save them sickens me. Its seeing things like that that make me glad to live where i do, where we can do the right thing without fear of losing everything.

 

[schmism]

as a member of the volunteer fire dept this is a typical sincero we might encounter. If the vehicle is at all on fire and a person left inside we are to do whatever we can to get the person out as quickly as possible.

the court case will likely hinge on how "on fire" was the vehicle when the person was "yanked" from it. If the car was clearly on fire, then its fairly clear there was an immediate risk of further injury and the persons actions are likely justified.

At the end of the day its up to YOU to take responsibility for your actions. If your a person who is likely to help a stranger, then i suggest you bone up on some basic rescue skills, CPR, first aid etc

 

[Doc_Bob]

How about you Doc. I have heard that medical doctors often drive by an accident because they are not covered under the good samaritan act as professionals. Any truth to that? Sure is a shame that the courts are not going to support you, even if you put yourself at risk, for helping someone in need.

MarkV

Yes, many Doctors are afraid to stop. People sue for anything. But I stop. I cannot help myself. Just the way my parents raised me, can't just drive by and let another person suffer. I also have years and years of training, both civilian and military. I hope I know when to risk further injury to avoid death. Sometimes it can be a very tough call.

Being sued and being found guilty are two different things. If we would adopt the approach they have in the United Kingdom, that the loser of a suit pays the costs of the winner, these frivolous suits would melt away over night.

Bob