What are California’s Good Samaritan Laws?
Many states have enacted “Good Samaritan” laws to protect those who help others in emergency situations. California has such laws, and they are meant to provide legal protection for any individual who inadvertently injures another person while acting in good faith to help that person.
Some people say that Good Samaritan laws are a double-edged sword. On one hand, a person acting in good faith with the intent of helping someone in an emergency should not be held accountable for accidental injuries resulting from his or her assistance. On the other hand, sometimes the actions of Good Samaritans wind up causing more harm than good, and these laws prevent injured individuals from obtaining fair compensation in such cases.
How Do These Laws Work?
State legislatures created Good Samaritan laws to protect those acting for the wellbeing of others. First responders to a car crash may have to forcibly remove a passenger from a flaming vehicle in order to save his or her life. The victim may suffer a broken bone or other injury as a result of the Samaritan’s assistance, but the alternative would be more serious injuries or death. Conversely, what if someone attempting to aid a victim causes undue harm through reckless actions?
In the state of California, the only time a Good Samaritan law would not apply is if there is evidence of willful misconduct or gross negligence. The California Good Samaritan laws extend not only to medical responders but to bystanders that take it upon themselves to render aid to someone in need.
Defining Negligence
When a person sustains injuries due to the actions of a rescuer, the victim is unable to sue the helper for damages if he or she acted in good faith and not for compensation. However, if that rescuer is provably negligent, that changes things. Emergency responders are trained in proper techniques for rescuing victims in emergency situations, but bystanders typically are not – they are simply acting out of good intentions. However, they still must exercise reasonable care.
If you’ve been injured by the actions of a person acting as a Good Samaritan, it’s important to understand your rights and what constitutes negligence. To prove negligence, you must prove three things to the court:
- The defendant had a duty to act with reasonable care. You must show that any other reasonable person in the same situation would have acted differently and with more thoughtful actions.
- The defendant breached this duty by his or her actions. Even the most well-intentioned people may act recklessly in the heat of the moment, but that is not an excuse if their actions cause unnecessary injuries.
- This breach directly resulted in your injuries. With the example of a car accident, you would not be able to sue a Good Samaritan for injuries that directly resulted from the crash, but you can sue if he or she injured you further in attempts to render aid for those injuries.
Any personal injury case has the potential to be a lengthy and complicated affair. If your situation involves California Good Samaritan laws, it can add another layer of complexity onto the situation. Having the right attorney in your corner can make a world of difference.
The Liljegren Law Group is committed to maximizing recovery for our clients. Our skilled team of attorneys will seek out every possible avenue of compensation for you following an injury. We fight tirelessly to ensure your rights are protected. Reach out to our team of professionals for a free case evaluation and to find out how we can help you today.