CA Good Samaritan Law Under Scrutiny

Greg Owen

Attorney

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A car crash in 2004 has since taught one woman to think twice before acting as a Good Samaritan in an emergency. Lisa Torti is being sued for pulling a friend, Alexandra Van Horn, from a thought to be dangerous situation. That friend can no longer walk and accuses Torti of causing injuries sustained while being pulled from the vehicle “like a ragdoll.”

According to the California Supreme Court, civilians issuing emergency care are not under the same legal immunity as emergency workers issuing medical treatment. Van Horn’s lawsuit is the first of its kind as the act of her removal from the vehicle is legally considered non-medical, and therefore possibly negligent.

Both Torti and Van Horn’s lives have been irreversibly damaged by the ongoing situation. Also damaging, Good Samaritans may now feel the need to withhold potentially lifesaving effort in fear of repercussion.

For more info on California’s Good Samaritan Laws see http://www.leginfo.ca.gov/cgi-bin/displaycode?section=hsc&group=01001-02000&file=1799.100-1799.112