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

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