CA lawmakers are planning to introduce legislation that would offer greater legal protections to Good Samaritans in light of a recent California Supreme Court decision.
Legislators have introduced three bills to address Van Horn v. Watson, 08 C.D.O.S. 15199, which held that a state statute only shields rescuers from liability if they provide medical care in an emergency situation. The ruling puts at risk aid-givers who inadvertently hurt victims while removing them from a burning building or other potentially dangerous scenarios.
The Van Horn case stems from a 2003 car accident in the Los Angeles area. The passenger pulled her injured friend, Van Horn, out of what she thought was a smoldering car at risk of exploding. Van Horn was left a paraplegic and sued the rescuer as well as the car’s driver for negligence.
The rescuer sought immunity under California’s Health and Safety Code §1799.102, a general Good Samaritan provision. But the 2nd District Court of Appeal said the protections didn’t apply to the rescuer because she wasn’t providing emergency medical care to her friend. A bare majority of the Supreme Court agreed.
If you or a family member has been injured because of the fault of someone else; then please contact the Dallas Texas Personal Injury Attorney Dr. Shezad Malik. For a no obligation, free case analysis, please call 817-255-4001 or Contact Me Online.