Roy on Rescue

iRescueRadio 006: California Supreme Court allows Good Samaritans to be sued for nonmedical care

In an emergency episode of iRescueRadio, we tackle and article that came out in the Los Angeles Times last week.

The California Supreme Court ruled Thursday that a young woman who pulled a co-worker from a crashed vehicle isn’t immune from civil liability because the care she rendered wasn’t medical.

The divided high court appeared to signal that rescue efforts are the responsibility of trained professionals. It was also thought to be the first ruling by the court that someone who intervened in an accident in good faith could be sued.

Lisa Torti of Northridge allegedly worsened the injuries suffered by Alexandra Van Horn by yanking her “like a rag doll” from the wrecked car on Topanga Canyon Boulevard.

Torti now faces possible liability for injuries suffered by Van Horn, a fellow department store cosmetician who was rendered a paraplegic in the accident that ended a night of Halloween revelry in 2004.

But in a sharp dissent, three of the seven justices said that by making a distinction between medical care and emergency response, the court was placing “an arbitrary and unreasonable limitation” on protections for those trying to help.

Resources:

California Supreme Court allows good Samaritans to be sued for nonmedical care (Los Angeles Times)

Roy Shaw

Roy is the lead trainer and co-founder of ProTrainings. He is also an EMT paramedic whose opinions about rescue come from many years of experience on the ambulance.

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