Boy Scout Troop 325
Scoutmaster Minute
Good Samaritan Law
April 29, 2008
Larry Polyak, Assistant Scoutmaster

All 50 states, including California, have what is called a "Good Samaritan Law". This law is meant to encourage ordinary citizens to help others in times of emergency by removing the threat of liability for damage done by the assistance. In other words, if you attempt to help someone in an emergency but inadventently cause some other damage, you can't be held liable. It's a great law. There is a lot more to it. Your help must be in good faith, not at a place where medical care is availabe, and professional rescuers are not covered by this law.

There was a case in California recently where a woman was in a car crash, and a friend who was in the car behind her, ran up and carried her out of the car, for fear it would blow up. The injured person sued, claiming that her friend had created more damage by dragging her from the car and she had become a paraplegic as a result of her injuries. The trial court ruled in favor of the rescuer, finding her immune from her friend’s lawsuit under the emergency care statute. i.e. removing her friend from the car is medical care like administering CPR — the medical caregiver is 100 percent protected — even if they screw up — even if they are negligent.

The case was appealed and the appellate court ruled that since the rescuer did not provide emergency medical care she was not fully immune from a lawsuit. They ruled that unlike performing CPR or splinting a broken arm or back, pulling someone from a car crash is not emergency medical care. The case is currently being reviewed by the California Supreme Court.

It seems to me that the ruling against the rescuer was a mistake. Lawyers for the Boy Scouts of America think so too. They filed this "friend of the court brief" to the California Supreme Court. In this brief, they explain that Boy Scouts are trained to "help other people at all times" and that Scouts live by the motto "Be Prepared" by taking instruction in things such as first aid and lifesaving. It gives examples of some of the 80 or so California Scouts who have been awarded medals in the last two years for saving lives. For example:

• In August 2005, a 14-year-old Boy Scout from Sacramento held onto the legs of a 4-year-old girl who had fallen head first into a crevice until adults could free the trapped girl.
• In May 2004, a 15-year-old Boy Scout from Fullerton stopped the fall of a girl who had hit her head on a metal pole while climbing up Half Dome at Yosemite.

They listed seven other specific instances and stated "Each of these situations .. required immediate action. But under the Court of Appeal's holding, the Scouts would not be protected by the Good Samaritan law because these are not "medical" emergencies beyond a threat to life and limb and do not involve "medical" care beyond saving a life. These Scouts deserve the gratitude and encouragement of the State and not exposure to liability."

I couldn't agree more and it will be interesting to see what California Supreme Court says. Its ruling is due in a month or two. I'll let you know if I hear anything.

Thanks for listening.