Jan 6, 2009 5:14 pm US/Pacific
Bill Would Reverse Calif. Good Samaritan Ruling
SACRAMENTO (AP) ―
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State Capitol in Sacramento.
A state senator drew on his own law enforcement experience in proposing legislation Tuesday responding to a California Supreme Court ruling that leaves some Good Samaritans vulnerable to lawsuits.
The court ruled last month that state law protects people from liability only if they are administering emergency medical care. The justices said a woman who left her friend a paraplegic by pulling her from a wrecked car in 2004 can be sued for negligence.
The bill by Republican state Sen. John Benoit of Riverside would amend the law. His bill would shield Good Samaritans from liability for providing any form of emergency care, not just medical care.
"It's going to cost lives," Benoit said of the high court's decision.
He said the court's ruling sends the wrong message to people who want to help others who are injured or in danger.
Benoit recalled coming upon people helping accident victims numerous times during his 31 years in the California Highway Patrol and as a police officer in Corona.
"It's one of the places where you see human kindness come out. A lot of people will drive on by, but a few would stop," Benoit said. "It happens a lot, and I'd hate to see anything that would dissuade people from doing that."
(© 2009 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)
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