Fix Proposed for Good Samaritan Law

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(Sacramento, CA)
Monday, January 12, 2009

State Senator John Benoit has introduced legislation in response to the recent state Supreme Court decision that will allow a Good Samaritan to be sued for negligence.  “Lives will be lost if this stands.
In that case Justices said a woman who pulled a friend from a car crash and allegedly caused her paralysis could be sued.  The Good Samaritan law protects those who provide medical care at the scene of emergency from lawsuits. Under Benoit’s legislation, any person who in good faith provides non-medical care will have similar protections.

“We need to clarify that  whether it’s a person who’s moving somebody out of a traffic lane or helping them out of a car that’s been badly wrecked and may be burning that they are covered under the Good Samaritan law as a Doctor trying to perform a tracheotomy.”

Benoit says the court’s decision relied on technical language that he hopes his legislation will fix.