Quote:
Originally Posted by JohnnyD
The Good Samaritan law protects the layperson from litigation if they act in what they believe is the best interest of the injured person. While there might be a case depending on the specific circumstances, I be willing to doubt they woman will get far in her case. It will be dependent on the specifics of the wording in CA's law.
Yes, it's a terrible thing what happened to her, but if her co-worker can somewhat prove that he thought it was in her best interest (the car with in the middle of the street, gas was leaking from the car) it should be a pretty easy, although expensive, case.
On the other hand, I'm a trained EMT and it's because of situations like this that if I ever do pull up on an accident I do not tell anyone I'm an EMT. In Massachusetts, the legislature tried to plug holes and prevent cases like this woman is bringing in CA. In doing so, they specifically excluded people with *any* medical training.
Unless it's a friend/family member or the person has possible fatal injuries, I'm not touching them.
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In Massachusetts we have a good samaritan law because of a person who smashed up thier VW one night on route 3 by the Braintree split, if I remember correctly. Car was on FIRE, door was locked, rescuer other wise known as the good samaritan smashed in, punched out, the driver's window, cutting the person's face inside who certainly would have perished from smoke inhalation if nothing else. Cut person sued and the legislature was aghast. They passed a law retroactive to this VW crash protecting this particular rescuer.
First upon a crash, activate EMS, make the call, calls the cops, fire, and if you don't know where you are bang on someones door until they call the cops, Its the most important thing anyone can do, activate EMS.
That being said I would go by what JohnnyD said, don't tell em who you are, and don't move anybody unless you can say the car is going to blow up with a certainty. If anything open an airway if necessary on an unconcious person while holding that persons neck as motionless as possible. And don't move them from the vehicle.
Any attorney worth his salt can make anyone look foolish on the stand after the fact. Remember it only takes 51% LEVEL OF PROOF BY A PLAINTIFF TO WIN THIER CASE. 51% is one frieking scintilla more evidence against than it is for you.