If you ever feel compelled to help someone in an emergency situation, I have some free advice: think twice. You might get sued.
Most states have so-called "Good Samaritan" laws that shield would-be rescuers from legal liability in emergencies. However, these laws vary widely from state to state. And they often have holes large enough for an ambulance-chasing attorney to file a multi-million lawsuit.
Case in point: California, America's largest state. On December 18, the California Supreme Court ruled that the state's Good Samaritan law only protects you from being sued if you administer medical care in an emergency. If you're just trying to rescue someone, you could be held accountable for any injuries that person experiences as a result.
The events leading to the court's decision began on Halloween night 2004. Alexandra Van Horn was a passenger in a vehicle that careened into a light pole at 45 mph. Her friend Lisa Torti pulled her from the wreckage, believing the car was about to explode. Unfortunately, Van Horn suffered injuries that left her a paraplegic. She blames Torti's rescue efforts for her paralysis.
By a 4-3 vote, the California Supreme Court agreed that the state's Good Samaritan law wouldn't protect Torti from legal claims by Van Horn. Now, Torti faces the prospect of a judgment against her for hundreds of thousands or even millions of dollars.
The decision comes despite the plain wording of the state's Good Samaritan law, which reads:
“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.”
However, the court magically inserted the word "medical" after t "renders" to interpret the law as providing protection only to those providing emergency medical treatment. If you're merely pulling someone from a smoking vehicle that's about to explode, and they allege injury as a result of your actions, you're not covered.
Even if you live in a state with a "strong" Good Samaritan law, you can still be sued if you botch a rescue attempt. You'll need to hire an attorney to defend yourself, take time to prepare a defense, and hope that you prevail. Liability insurance can pay some or all of these expenses, although insurance companies can and do contest some Good Samaritan claims.
So, next time you're tempted to intervene in an emergency situation, think twice before trying to conduct a do-it-yourself rescue. Just call 911 for emergency assistance, and hope for the best.
Copyright © 2008 by Mark Nestmann
P.S. In some states, you have a legal obligation called a "duty to rescue" to assist someone in distress. This is particularly true if you're a medical professional or work in emergency services. But, absent this duty, intervening in an emergency situation is an invitation to a lawsuit.
(An earlier version of this post was published by The Sovereign Society.)
