The good old “Good Samaritan Law” about to be overturned…

December 20, 2008

in imho is just a polite way to say I know you don't give a hoot what I think but I'm going to say it anyway

I love California, in general. I love the people there. Liberals. Warm-hearted. Open-minded. Willing to listen to different opinions and considering uncommon alternatives. Thus go the stereotypes. But this is taking the liberal spirit a bit too far.

The California Supreme Court has ruled that good Samaritans can be sued for not being careful when they try to help a victim in an emergency. The case centers on a woman who is suing her co-worker who “dragged” her out of the crashed vehicle like a “rag doll”, causing permanent damage to her spinal cord. I feel for the victim, I do. But there will be huge ramification to the society as a whole if we ever allow a rescuer with honest good intentions to ever be sued for trying to save someone else’s life.

The Good Samaritan laws, or “The Good Samaritan Doctrine” as it is legally known, is a legal principle that prevents a rescuer who has voluntarily helped a victim in distress from being successfully sued for “wrongdoing”. Its purpose is to keep people from being so reluctant to help a stranger in need for fear of legal repercussions if they made some mistake in treatment.

This is insane. So now we have to tell our kids: Yes, of course, if you see someone in danger, you are going to try and help them out. BUT, NOT before you obtain their permission for saving their life first. Actually, that’s not good enough, because it could become a “You said, s/he said scenario.” You should have them write down their permission and sign before you save their life…

How ridiculous does this sound? The scene from the movie Hancock comes to mind:


Falling November 11, 2009 at 4:13 pm

Helloooo! I’m commenting…from the FUTURE! To chime in that, in my recent first aid training, we were told to get the person’s consent first before attempting abdominal thrusts (the move formerly known as the Heimlich). Our instructor, with the matter-of-factness that comes from working with firemen and paramedics and life-threatening emergencies, said, “If they don’t consent, don’t try to help. That’s their right. So stand back and wait, because eventually they’ll pass out, and then you can help.” Apparently, if they lose consciousness, you’re covered. Sigh.
.-= Falling´s last blog…Because Every Freaking Day For a Month is A LOT OF DAYS, YO =-.

Absence Alternatives November 11, 2009 at 6:51 pm

@ Falling
“Helloooo! I’m commenting…from the FUTURE!” This cracks me up, not the least because it reminds me of the Conan O’Brien “In the year 2000” segment. Does it count if you knock them out so they are unconscious? *sigh*

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