Calif. Supreme Court Ruling May Deter Good Samaritans
December 19, 2008
Would-be heroes were warned by the California Supreme Court on Thursday that they could be liable for damages if they inadvertently injure a person while attempting a rescue.
In a 4-3 ruling, the high court held that a state statute immunizing rescuers from liability applies only if the individual is providing medical care in an emergency situation. It doesn’t apply when Good Samaritans accidently cause injuries while, for example, pulling someone out of a burning house or diving into swirling waters to save a drowning swimmer.
“After all,” Justice Carlos Moreno wrote for the majority, “if the ‘scene of an emergency’ … means a scene where ‘an individual has a need for immediate medical attention’ … it logically follows that the Legislature intended for the phrase ‘emergency care’ … to refer to the medical attention given to the individual who needs it.”
Read Article: Law.com
Posted By: Phoenix DUI Attorney
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