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Posted by on Dec 19, 2008 in Religion, Society | 1 comment

California Supreme Court Says Go Ahead And Punish Those Good Deeds

In a controversial 4-3 ruling the California Supreme Court has ruled that private citizens who try to help out in an emergency situation can be sued for damages or injuries resulting from those efforts. The case stemmed from an incident in 2004 when a group of co-workers went out for some Halloween fun.

Adult beverages were consumed and one of the two cars crashed into a light pole, injuring the occupants. Those in the second car came over to help and one of those people saw smoke and liquid coming from the damaged vehicle. Fearing that there could be a fire or explosion, she pulled one of the injured from the car. The injured person had damage to her spine and the pulling motion left her a paraplegic.

The rescuer also says that she tried to be careful in moving the injured person from the vehicle while others dispute the rescuer’s version of the events, saying that they did not see smoke and that the rescuer was not as gentle as she says that she was.

In either case, the injured person/plaintiff responded to the incident by not only to suing the driver of the car but also her co-worker (commentary on what kind of person sues someone who was risking their own safety can be saved for another post) and the other driver. The would-be rescuer tried to defend herself based on California law.

The law was passed in 1980 as part of the the Health and Safety Code and provides that “no person who in good faith, and not for compensation, renders emergency care at the scene of an emergency shall be liable for any civil damages resulting from any act or omission.”

Today the Supremes ruled that, while this section does not specifically mention medicine or medical services, because it was contained in the area covering medical services that it only applies to those providing medical help and does not apply to other aid (presumably meaning you can apply a band aid but not pull someone from flames).

In essence they rely more on the surrounding language than on the text of the specific section

The three dissenting justices held that the aim of the legislation was clearly intended to allow people to provide needed aid, pointing out that the ruling allows a non doctor to provide medical aid but not to save you from drowning. They also point out that since the other sections specifically mentioned medical but this section did not that it was intended to cover any aid provided.

Obviously this is a tough issue since on the one hand you want to make sure that Good Samaritans are protected while on the other hand you don’t want obvious irresponsible behavior to be excused (e.g., I am sure we could find a case where a purely innocent victim was hurt by a drunken fool and thus merits some relief).

The ruling can be found here. I can see some logic on both sides though perhaps the legislature could resolve it all by passing a clear and unambiguous Good Samaritan law.

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  • jd8888

    Sory, but this comes as no surprise here. Years ago in a certain county in Southern California, I made the serious mistake of trying to stop what I believed to be a crime in progress. A couple of teenagers were throwing rocks at moving cars in a shopping mall, and I had verbally admonished them to stop and leave the area, which they refused to do. The ringleader of the two picked up a boulder with both hands, and jumped out behind a parked van, trying to heave this boulder at the windshield of a car driven by an elderly lady – he missed by only a couple of feet. Realizing that the little punk was in imminent danger of causing serious injury if not killing someone, I chased him out of the parking lot, hoping to give him a good scare and motivate his ass to go home. However, he tripped, I ran into him, and he fell and broke his arm. The story soom transmogrified into that of an innocent little child who was attacked and beat up by some mean old man for no reason at all. I was arrested and spent the night in jail. Upon my release, I first received a letter from the DA’s office stating that they had reviewed my case and were not going to press any charges, but soon after that somebody started a campaign behind the scenes to get me charged, and a couple of weeks latter I was notified that I was being charged with PC 243, Felony Battery, a “strike” in the state of California. The lawyer who I hired seemed to either be incapacitated or intimidated by our local District Attorney ( a militant lesbian with a bent for “social justice”, FWIW), and at the hearing refused to contest ridiculous accusations made under oath by the kid’s mother (who was not present) and the other JD (who fled the scene), who testified that I had “punched” his rock-throwing buddy and that “he flew a hundred feet through the air”. The fact that the accusations were completely uncredible and ridiculous didn’t seem to make a bit of difference, and the impression I received from my attorney through the whole experience was that you didn’t dare challenge the DA when she was one one of her pet crusades if you wanted to still have a legal career in that county. Thanks to the threat of 2 years in State Prison (and not with the bad check writers) and a strike on my record, I was coerced into a plea-bargain of a felony assault conviction, community service, and 3 years probation. I’m now a convicted felon: no voting rights, no right to own a personal firearm, and unemployable in the profession that I spent many years and tens of thousands of dollars to get an education and become qualified. I have sinced moved from the State of California to one where the locals at least have some semblance of sanity.

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