This law basically makes non law enforcement, medical employees liable for gross negligence or willful or wanton misconduct liable for helping someone out of goodwill. But medical and law enforcement personnel that are “off the clock” are exempted from any liability for gross negligence or wanton misconduct? This seems backwards. If you’re trained, then there is no consequence for your actions regardless of how negligent you were, but if you have no training, then you are still liable. Shouldn’t the standard be the same for everybody?
Remind me to leave Little Frog and Claims Supervisor alone at the scene of their emergencies, No help from me guys, even if you will die if you have to wait for the professional!
And the most ironic thing about this is that Claims Supervisor & I would be the 1st ones into the freezing surf or flaming car to save your sorry rear.
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 providing emergency care to people at the scene when that care is not being provided as part of their job (as an EMT, police officer, etc.). I have no problems with the current law. However, the new lew would remove some of that immunity from non-medical personell and police officers but the off-duty EMTs and police officers still owe no duty of reasonable care to those that they are helping. Either take away immunity from all, or leave it the way it is. It just doesn’t seem right to make only private citizen’s liable for negligence.
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.
This law basically makes non law enforcement, medical employees liable for gross negligence or willful or wanton misconduct liable for helping someone out of goodwill. But medical and law enforcement personnel that are “off the clock” are exempted from any liability for gross negligence or wanton misconduct? This seems backwards. If you’re trained, then there is no consequence for your actions regardless of how negligent you were, but if you have no training, then you are still liable. Shouldn’t the standard be the same for everybody?
… and when some blood thirsty plaintif/lawyer hauls you in front of a judge & jury, you get to ask the Dirty Harry question; “Do [I] feel lucky?”.
Remind me to leave Little Frog and Claims Supervisor alone at the scene of their emergencies, No help from me guys, even if you will die if you have to wait for the professional!
And the most ironic thing about this is that Claims Supervisor & I would be the 1st ones into the freezing surf or flaming car to save your sorry rear.
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 providing emergency care to people at the scene when that care is not being provided as part of their job (as an EMT, police officer, etc.). I have no problems with the current law. However, the new lew would remove some of that immunity from non-medical personell and police officers but the off-duty EMTs and police officers still owe no duty of reasonable care to those that they are helping. Either take away immunity from all, or leave it the way it is. It just doesn’t seem right to make only private citizen’s liable for negligence.
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.