California Bill Would Limit Liability of ‘Good Samaritans’

March 10, 2009

The California Legislature is considering a bill that would limit the liability of “good samaritans” who provide nonmedical care or assistance at the scene of an emergency.

According to AB 83 text, “existing law provides that any person who in good faith, and not for compensation, renders emergency medical care at the scene of an emergency shall not be liable for any civil damages resulting from any act or omission.”

The proposed bill would instead provide that “medical, law enforcement, and emergency personnel who in good faith, and not for compensation, render emergency medical care at the scene of an emergency shall not be liable for any civil damages resulting from any act or omission.

“This bill would also provide that any person, not including
medical, law enforcement, and emergency personnel, who in good faith, and not for compensation, renders emergency medical or nonmedical care or assistance at the scene of an emergency shall not be liable for any civil damages resulting from any act or omission, as long as that act or omission does not constitute gross negligence or willful or wanton misconduct.”

The Association of California Insurance Companies said it supports the bill.

Sources: ACIC, California Legislature

Topics California

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Latest Comments

  • March 11, 2009 at 2:36 am
    Former Samaritan says:
    The smart thing to do is wait for the pros, then you cannot be sued. Unfortunately, you want to help if you can. Natural instinct must be suppressed to avoid liability.
  • March 11, 2009 at 1:49 am
    Casualty Supervisor says:
  • March 11, 2009 at 1:47 am
    Wow says:
    Perhaps you misunderstood my post. Read the current law and then read the proposed law. Currently there is immunity to all people in CA for negligent acts or omissions when ... read more

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